Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.
Appears in 7 contracts
Samples: Overpass Agreement, Overpass Agreement, Underpass Agreement
Improvements. Grantee shall take4.1 In taking possession of the leased premises, Xxxxxx acknowledges that same were on the date of occupancy in a timely mannergood, all actions necessary clean and proper tenable condition, subject only to the lawful establishmentrepairs or improvements which Lessor has agreed to make at Lessor's expense and which are set forth on Exhibit "C" attached hereto, constructionif there are any.
4.2 Lessee agrees to make at its own expense all alterations and improvements to the leased premises except as otherwise indicated to be the obligation of Lessor under this Lease Agreement. All such improvements and alterations made by Lessee shall be undertaken only upon advance approval of Lessor, operationshall be made under the supervision, direction and control of Lessor's architect, shall be made in good and workmanlike manner according to the terms, conditions and requirements set by Xxxxxx and its architect, and maintenance shall be in keeping with the historical character of the Improvementsbuilding. All alterations and improvements performed on the leased premises by Xxxxxx shall be performed by competent contractors and subcontractors approved by Lessor, including such actions as may which approval shall not unreasonably be necessary to obtain any required permitswithheld. Lessee shall pay for all architectural, approvals or authorizations from applicable governmental authorities. Any engineering and other services and all cuts and fills, excavations costs incurred by Lessor in connection with Xxxxxx's improvement or embankments necessary in the construction, maintenance, or future alteration of the Improvements leased premises, including the work, if any, of Xxxxxx's engineer, architect and other agents connected therewith. Prior to undertaking any alterations or improvements to the leased premises, Lessee shall obtain and deliver to Lessor a valid waiver and release of mechanic's liens by each party who will furnish labor, materials or services to the lease premises.
4.3 At the expiration or termination of the term of this Lease Agreement, all improvements and alterations made to the leased premises by Lessee shall remain with the leased premises and shall be made the property of Lessor. Lessee shall, at its expense, remove Xxxxxx's goods and maintained in such mannereffects, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantorincluding trade fixtures, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainagemachinery, and equipment, and quit and deliver up the leased premises to Lessor, peaceably and quietly in as good order and condition as same were in on the original date of occupancy, reasonable wear and tear excepted. Any property left in the leased premises at the expiration or termination of this term of this lease shall also wherever necessary, construct extensions be deemed to have been abandoned and shall become the property of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions Lessor to be disposed of adequate sectional dimensions as Lessor deems expedient, with all costs of cleanup and disposal of goods abandoned at the leased premises to preserve be paid by Xxxxxx. Lessee shall not permit any mechanic's or materialmen's liens to stand against the present flowage leased premises or against the Central School and Lessor may require appropriate assurances by way of drainage bond, deposit or other watersreasonable procedure to protect against such liens and may, should such liens arise out of Lessee's acts hereunder, pay and discharge same and such amounts shall become due and payable to Lessor from Lessee with interest at the rate of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities eight percent (collectively, "Other Improvements"8%), Grantee will or such greater amount as shall then be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber opticpermitted by law, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireper annum.
Appears in 6 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee Xxxxxxx must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx mark all Other Improvements on the Plans and Specifications and xxxx mark such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.
Appears in 5 contracts
Samples: Underpass Agreement, Overpass Agreement, Overpass Agreement
Improvements. Grantee a. Tenant shall takenot erect additions or structures nor make nor cause to be made any alterations, in a timely mannerimprovements, all actions necessary and proper to additions, or fixtures that affect the lawful establishment, construction, operation, and maintenance exterior or interior of the ImprovementsPremises, including such actions as may be necessary to obtain nor shall Tenant mark, paint, drill or in any required permitsway deface any floors, approvals or authorizations from applicable governmental authorities. Any and all cuts and fillswalls, excavations or embankments necessary in the construction, maintenanceceilings, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use partitions of the Premises without 1) first providing thirty (30) days' written notice to Landlord and 2) obtaining City of Berkeley Building Permits as required by Grantee will affect the Berkeley Municipal Code as it exists at the time of such improvements. Failure to notify the Landlord or failure to obtain Building Permits or meet other regulatory requirements shall constitute a default by Tenant.
b. Tenant shall require all contractors to provide a labor and materials bond for the full amount of the contract. Tenant shall pay, when due, all sums of money that may be due or become due for any Lineslabor, fencesservices, buildingsmaterials, supplies or equipment furnished to or for Tenant, in, at, upon or about the leased Premises and which may be secured by any mechanic's, materialmen's or other lien against the Premises or Landlord's interest therein.
c. All alterations, improvements or other facilities additions that are now or in the future attached permanently to the Premises shall be the property of Landlord and remain with the Premises at the termination of this lease, except that Landlord can elect within thirty (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s30) days of the Other Improvements notifying them termination of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior lease to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber opticrequire Tenant, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premisescost, said work of cutting and removal to be done at such times and with such frequency as remove any alterations, improvements or additions Tenant has made to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firethe Premises.
Appears in 5 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Improvements. Grantee (a) At any time during the Term of this Lease, but subject to the provisions of Section 5.3 below, Tenant shall takehave the right to construct, operate, maintain, repair and replace within the Premises any structures or outdoor displays and exhibits permitted under the Town of Chapel Hill building code and zoning ordinances. Without any limitation of the foregoing or Section 5.3 below, Landlord acknowledges and agrees that, provided that the Parking Deck may continue to be used as a parking facility on the lower levels, Landlord shall not unreasonably withhold, condition or delay its consent to modifications of the portion of the plaza level of the Parking Deck included within the Premises, so long as such modifications are made at Tenant’s sole cost and expense and are otherwise lawful and in accordance with this Lease. Upon Landlord’s approval of plans and specifications pursuant to Section 5.3 below, Tenant shall be entitled to demolish existing improvements and remove any landscaping, trees, plants, masonry faced walls, planters and pavers within the portion of the plaza level of the Parking Deck that is included within the Premises. All alterations, improvements and renovations of the Premises shall be performed in compliance with all applicable laws and in a good and workmanlike manner.
(b) Notwithstanding the provisions of subparagraph (a) above, Tenant agrees that no buildings may be constructed in the Northeast Corner. Tenant intends to utilize the Northeast Corner for outdoor exhibits, programming and related amenities.
(c) Tenant shall not be permitted to block or interfere with any of the parking spaces on the lower levels of the Parking Deck without the prior written approval of Landlord, which approval may be withheld in Landlord’s sole and absolute discretion and may be conditioned upon Tenant’s reimbursement to Landlord of any parking revenues that are actually lost during the period of interference. Notwithstanding the foregoing, Tenant may, without Landlord’s consent (and without any reimbursement to Landlord for lost parking revenue), temporarily block a limited number of parking spaces on the lower levels of the Parking Deck if Tenant’s contractors or engineers determine, in a timely mannertheir reasonable discretion, all actions that such measures are necessary and proper to ensure the lawful establishment, construction, operation, and maintenance safety of users of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existingParking Deck during Tenant’s construction activities. In the event any constructionTenant temporarily blocks spaces, repair, maintenance, work or other use then Tenant must (i) notify Landlord in advance of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate location and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) number of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause parking spaces to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.blocked (which shall not exceed five
Appears in 4 contracts
Samples: Air Rights Lease Agreement, Air Rights Lease Agreement, Air Rights Lease Agreement
Improvements. Grantee shall take4.1 In taking possession of the leased premises, Xxxxxx acknowledges that same were on the date of occupancy in a timely mannergood, all actions necessary clean and proper tenable condition, subject only to the lawful establishmentrepairs or improvements which Lessor has agreed to make at Lessor's expense and which are set forth on Exhibit "C" attached hereto, constructionif there are any.
4.2 Lessee agrees to make at its own expense all alterations and improvements to the leased premises except as otherwise indicated to be the obligation of Lessor under this Lease Agreement. All such improvements and alterations made by Lessee shall be undertaken only upon advance approval of Lessor, operationshall be made under the supervision, direction and control of Lessor's architect, shall be made in good and workmanlike manner according to the terms, conditions and requirements set by Xxxxxx and its architect, and maintenance shall be in keeping with the historical character of the Improvementsbuilding. All alterations and improvements performed on the leased premises by Xxxxxx shall be performed by competent contractors and subcontractors approved by Lessor, including such actions as may which approval shall not unreasonably be necessary to obtain any required permitswithheld. Lessee shall pay for all architectural, approvals or authorizations from applicable governmental authorities. Any engineering and other services and all cuts and fills, excavations costs incurred by Lessor in connection with Xxxxxx's improvement or embankments necessary in the construction, maintenance, or future alteration of the Improvements leased premises, including the work, if any, of Xxxxxx's engineer, architect and other agents connected therewith. Prior to undertaking any alterations or improvements to the leased premises, Lessee shall obtain and deliver to Lessor a valid waiver and release of mechanic's liens by each party who will furnish labor, materials or services to the lease premises.
4.3 At the expiration or termination of the term of this Lease Agreement, all improvements and alterations made to the leased premises by Lessee shall remain with the leased premises and shall be made the property of Lessor. Lessee shall, at its expense, remove Xxxxxx's goods and maintained in effects, including trade fixtures (e.g., items such manneras chairs, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantorsinks, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainagestations, furniture, shelving units), machinery, and equipment, and quit and deliver up the leased premises to Lessor, peaceably and quietly in as good order and condition as same were in on the original date of occupancy, reasonable wear and tear excepted. Any property left in the leased premises at the expiration or termination of this term of this lease shall also wherever necessary, construct extensions be deemed to have been abandoned and shall become the property of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions Lessor to be disposed of adequate sectional dimensions as Lessor deems expedient, with all costs of cleanup and disposal of goods abandoned at the leased premises to preserve be paid by Xxxxxx. Lessee shall not permit any mechanic's or materialmen's liens to stand against the present flowage leased premises or against the Central School and Lessor may require appropriate assurances by way of drainage bond, deposit or other watersreasonable procedure to protect against such liens and may, should such liens arise out of Lessee's acts hereunder, pay and discharge same and such amounts shall become due and payable to Lessor from Lessee with interest at the rate of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities eight percent (collectively, "Other Improvements"8%), Grantee will or such greater amount as shall then be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber opticpermitted by law, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireper annum.
Appears in 4 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Improvements. Grantee (a) In the event that Improvements to the Current Technology or the New Technology are developed by Oji or its Subsidiaries, Oji shall, or shall takecause its Subsidiaries to, provide VCP with a know-how book that that describes in reasonably adequate detail such Improvements promptly after such Improvements are ready to be incorporated into a corresponding Thermal Paper Product’s manufacturing process. Oji shall, or shall cause its Subsidiaries to, grant to VCP a non-exclusive license to use all Improvements developed by Oji or its Subsidiaries in the manufacturing, sale or distribution of Licensed Thermal Paper Products until the expiration of the Royalty License or, if Oji or its subsidiaries have developed an Improvement for a Licensed Thermal Paper Product that is subject to a Perpetual License, in connection with any such applicable Perpetual License. This agreement shall serve as consideration for all such licenses granted by Oji to VCP to use all Improvements developed by Oji, and VCP shall not be required to provide payment in addition to royalty payments described in Section 3.01 for the use of such Improvements. Oji shall provide VCP with reasonable access to appropriate technical personnel of Oji or its Subsidiaries to provide on-site technical support and training at VCP facilities in order to ensure that Improvements are transferred to VCP in accordance with the terms of this Section 4.02(a) within a timely mannercommercially reasonable time period. VCP shall pay Oji $1,000 per employee of Oji or its Subsidiaries per day, or part thereof, for each such employee providing on-site technical support and training at VCP facilities pursuant to this Section 4.02(a), plus VCP shall bear all actions necessary additional expenses related to this Section 4.02(a), including traveling and proper living expenses of Oji’s or its Subsidiaries’ employees.
(b) In the event that Improvements to the lawful establishmentCurrent Technology or the New Technology are developed by VCP, constructionVCP shall provide Oji with a know-how book that describes in reasonably adequate detail such Improvements promptly after such Improvements are ready to be incorporated into a corresponding Thermal Paper Product’s manufacturing process. VCP shall grant to Oji and its Subsidiaries a non-exclusive license to use all Improvements developed by VCP in the manufacturing, operationsale or distribution of Licensed Thermal Paper Products in perpetuity. This agreement shall serve as consideration for all such licenses granted by VCP to Oji to use all Improvements developed by VCP, and maintenance Oji shall not be required to provide any additional payment for the use of such Improvements. VCP shall provide Oji with reasonable access to appropriate technical personnel of VCP to provide on-site technical support and training at Oji facilities to ensure that Improvements are transferred to Oji in accordance with the Improvementsterms of this Section 4.02(b) within a commercially reasonable time period. Oji shall pay VCP $1,000 per employee of VCP per day, or part thereof, for each such employee providing on-site technical support and training at Oji or its Subsidiaries facilities pursuant to this Section 4.02(b), plus Oji shall bear all additional expenses related to this Section 4.02(b), including traveling and living expenses of VCP’s employees.
(c) In the event that an Intellectual Property right shall arise in connection with an Improvement, such right shall inure to the party that developed such Improvement and such party shall be entitled to make all filings and take all such other actions as may be necessary or desirable in connection with the protection or enforcement of such right, provided that this Section 4.02(c) shall not apply to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any the licenses explicitly contemplated by Sections 4.02(a) and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"4.02(b), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.
Appears in 3 contracts
Samples: Strategic Business Agreement (Fibria Celulose S.A.), Strategic Business Agreement (Votorantim Pulp & Paper Inc), Strategic Business Agreement (Votorantim Pulp & Paper Inc)
Improvements. Grantee shall takeLandlord will, at its sole expense and using contractors of its ------------ choice, make improvements ("Improvements") to the Premises as specified in a timely mannerExhibit C attached hereto and incorporated herein by this reference. Tenant --------- has delivered to Landlord, and Landlord has approved, its final plans with detailed specifications and listing of finish materials, all actions necessary and proper of which have been approved by Tenant. Notwithstanding anything in this Lease to the lawful establishmentcontrary, constructionif Tenant fails to provide Landlord with such final plans, operationspecifications, and maintenance finish material approved by Tenant on or before the date specified for such delivery, or if Tenant changes any of the plans, specifications or finish materials then the Commencement Date shall be the Anticipated Completion Date as hereafter set forth, or the date of Landlord's notification to Tenant of Substantial Completion (as hereinafter defined) of the Improvements, or the date on which Tenant takes possession of the Premises, whichever shall first occur. Upon Landlord's approval (which shall not be unreasonably withheld or delayed) of such final plans and specifications including finish materials approved by Tenant, and upon Landlord's approval of the same, Landlord shall diligently undertake to construct the Improvements in accordance with such actions final plans, specifications and finish materials as approved by Landlord and Tenant (collectively referred to as "Final Plans"). All such construction shall be performed with due diligence and in substantial accordance with the Final Plans. Landlord agrees to use all commercially reasonable efforts to substantially complete the Improvements by April 24, 1995 ("Anticipated -------------- Completion Date"), but without any warranty as to when such Improvements shall be substantially completed.Should Landlord not so substantially complete the Improvements by May 31, 1995 and Tenant has not made any changes to Final Plans after March 15, 1995, then Tenant may cancel this Lease by providing Landlord within (10)days written notice. Landlord's obligation to construct the Improvements is specifically subject to any changes or other requirements of or imposed by all applicable governmental body(ies), agency(ies) and/or utility(ies); Landlord shall notify Tenant of any such changes and/or requirements promptly after Landlord becomes aware of the same. Any improvements to the Premises not expressly shown or stated in the Final Plans shall be made by Tenant at its sole cost and expense in accordance with Paragraph 11 of this Lease; provided, however, that notwithstanding anything in this Lease to the contrary, any delay in Landlord's construction of the Improvements caused in whole by Tenant and which are not caused by Tenant within one (1) day of written notice thereof by Landlord including, but not limited to, delays caused by additional improvements made or any changes requested by Tenant, shall not delay the Commencement Date of this Lease, and Substantial Completion, as hereinafter defined, for purposes of determining the Commencement Date of this Lease, shall be at such time as the Improvements would have been Substantially Complete absent such additional improvements made or changes requested by Tenant. It is understood that the Final Plans and the exact location of doors, walks, lighting, plumbing and all other facilities and improvements are subject to such minor changes as Landlord, or Landlord's architect or general contractor in charge of the construction of the improvements, determine to be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary desirable in the constructioncourse of construction of or to the Premises, maintenanceand no such changes shall affect this Lease or constitute a breach by Landlord hereunder. If, upon substantial completion of Improvements and tender of the Premises to Tenant for occupancy, such Improvements do not conform exactly to the Final Plans, but the general appearance, structural integrity and Tenant's use and occupancy of the Premises, the Building and such Improvements are not materially or future alteration of unreasonably affected by such deviation(s), it is agreed that the Improvements shall be made deemed "Substantially Complete" for purposes of this Lease, and maintained in Tenant's obligation to pay Rent hereunder shall not be affected by such mannerdeviation(s). In such event, form Tenant agrees to accept the Premises and extent such Improvements as will provide adequate drainage of and so constructed by Landlord. However, notwithstanding the above, Tenant shall have twenty (20) days from the adjoining lands date of Substantial Completion to provide Landlord with a list of items requiring repair or replacement. Upon Landlord's receipt of such list, Landlord shall proceed to correct such "punch list" items with due diligence and premises of in a manner designed to cause the Grantor; least possible interruption to Tenant and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other Tenant's use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firePremises.
Appears in 2 contracts
Samples: Office Lease (Actuate Software Corp), Office Lease (Actuate Software Corp)
Improvements. Grantee (a) Following execution of this Amendment, Tenant shall takeenter into one or more construction contracts (each a “Construction Contract”) with Xxxxxx Commercial Construction Company d/b/a Eagleview Commercial Construction Company (the “Contractor”) as general contractor who shall perform and manage the construction of the alterations and improvements in the Leased Space conforming to the Approved Tenant Improvement Plans, as such term is hereinafter defined (the “Improvements”). Tenant’s specifications and plans for the Improvements to the Leased Space (the “Improvement Plans”) shall be prepared by Tenant’s architect, which architect shall be subject to the approval by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Landlord hereby approves Xxxxxx Wyper Architects as Tenant’s architect. Such Improvement Plans will be prepared in sufficient detail to permit Contractor to construct the Improvements, and shall include partition layout (dimensioned), door location and door schedule including hardware, reflected ceiling plan, telephone and electrical outlets with locations (dimensioned), special electrical, HVAC and/or plumbing work, mechanicals, special loading requirements, such as the location of special equipment, openings in the walls or floors, all necessary sections and details for special equipment and fixtures, and finishes including, without limitation, carpentry and millwork, floor coverings, wall coverings, color schedules, and any other special finishes. The Improvement Plans shall be prepared in accordance with applicable laws and code requirements and in accordance with the terms of the Lease (including Sections 8 and 9, as amended). Within ten (10) business days of Landlord’s receipt of the Improvement Plans, Landlord shall notify Tenant as to whether Landlord approves of the Improvement Plans, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord’s failure to notify Tenant in writing within such ten (10) business day period will constitute Landlord’s approval thereof. Upon approval or deemed approval by Landlord, the Improvement Plans shall become final and shall not be materially changed without Landlord’s further approval, which shall not be unreasonably withheld, conditioned or delayed, and shall be subject to the same timeframe for approval and deemed approval as provided above (as finally approved, the “Approved Tenant Improvement Plans”). The parties agree that (i) Contractor is approved as the general contractor, (ii) Tenant shall have the right to require the use of certain sub-contractors to perform certain specialty work related to the lab improvements in the Leased Space, subject to the approval of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned; and (iii) the sub-contractors identified on Exhibit A attached hereto are approved by Landlord and Tenant. Landlord’s consent shall not be considered to be unreasonably withheld if any such sub-contractor (i) does not have trade references reasonably acceptable to Landlord, (ii) does not maintain insurance as required pursuant to the terms of the Lease, (iii) does not have the ability to be bonded for the work in an amount of no less than 125% of the total estimated cost of the portion of the Improvement work which such sub-contractor is performing, or (iv) is not licensed as a contractor in the state/municipality in which the Leased Space is located. Tenant acknowledges the foregoing is not intended to be an exclusive list of the reasons why Landlord may reasonably withhold its consent to a sub-contractor.
(b) Provided that there is no Event of Default by Tenant then occurring pursuant to the terms of the Lease or this Amendment beyond all applicable notice and cure periods, effective on and after execution of this Amendment, Landlord agrees to contribute the sum of $500,000 (the “2021 Allowance”) to be applied towards the cost of the general fit-out Improvements (i.e., carpet and paint, but specifically excluding any lab improvements), provided that Tenant provides Landlord with the documentation set forth in Section 5(e) below.
(c) Provided that there is no Event of Default by Tenant then occurring pursuant to the terms of the Lease or this Amendment beyond all applicable notice and cure periods, and that Tenant has paid to Contractor at least $5,000,000 towards construction of the Improvements (which sum may not include any costs or expenses applied towards equipment or any portion of the 2021 Allowance previously utilized), on and after April 1, 2022, Landlord agrees to contribute (by way of payment directly to Contractor) the sum of $2,000,000 (the “2022 Allowance”) to be applied towards the cost of the Improvements (including, but not limited to, the cost of preparing design and construction documents and mechanical and electrical plans for the Improvements, the cost of city permits, and for hard costs in connection with the Improvements), provided that Tenant provides Landlord with the documentation set forth in Section 5(e) below. Notwithstanding the foregoing, Landlord shall not be required to pay to Contractor nor shall Tenant be entitled to any portion of the 2022 Allowance unless and until the later of the following has occurred (i) April 1, 2022 or (ii) Tenant has paid to Contractor at least $5,000,000 for construction of the Improvements as set forth above.
(d) Provided that there is no Event of Default by Tenant then occurring pursuant to the terms of the Lease or this Amendment beyond all applicable notice and cure periods, and that Tenant has paid to Contractor at least an additional $8,000,000 towards construction of the Improvements to the Leased Space (which sum may not include any costs or expenses applied towards equipment nor any portion of the 2021 Allowance or 2022 Allowance previously utilized), on and after April 1, 2023, Landlord agrees to contribute (by way of payment directly to Contractor) the sum of $3,500,000 (the “2023 Allowance”, together with the 2021 Allowance and the 2022 Allowance, sometimes hereinafter collectively referred to as the “Allowance”) to be applied towards the cost of the Improvements (including, but not limited to, the cost of preparing design and construction documents and mechanical and electrical plans for the Improvements, the cost of city permits, and for hard costs in connection with the Improvements), provided that Tenant provides Landlord with the documentation set forth in Section 5(e) below. Notwithstanding the foregoing, Landlord shall not be required to pay to Contractor nor shall Tenant be entitled to any portion of the 2023 Allowance unless and until the later of the following has occurred (i) April 1, 2023 or (ii) Tenant has paid to Contractor at least an additional $8,000,000 for construction of the Improvements as set forth above. Notwithstanding satisfaction of the conditions set forth in the prior sentence, Landlord shall be permitted, in a timely mannerLandlord’s sole but reasonable discretion, all actions necessary and proper to withhold up to $2,500,000 of the lawful establishment, construction, operation, and maintenance 2023 Allowance until such time as Landlord determines that Tenant’s financial strength is adequate to satisfy Tenant’s monetary obligations under the Lease.
(e) Any portion of the Allowance to be applied toward the cost of the Improvements, including such actions as may shall be necessary paid directly to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any Contractor within thirty (30) days following receipt by Landlord of (1) receipted bills covering all labor and all cuts materials expended and fills, excavations or embankments necessary used in the constructionImprovements; (2) full and final/partial waivers of lien (as appropriate); and (3) the certification of Tenant’s architect and engineer of design that the Improvements have been installed in a good and workmanlike manner in accordance with the approved plans, maintenanceand in accordance with applicable Laws, or future alteration codes and ordinances. The Allowance shall be disbursed in the amount reflected on the receipted bills meeting the requirements above. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any portion of the Allowance towards the cost of the Improvements during the continuance of an uncured Event of Default by Tenant under the Lease, and Landlord’s obligation to disburse or apply the Allowance shall only resume when and if such Event of Default is cured.
(f) Tenant shall be made responsible for all applicable state sales or use taxes, if any, payable in connection with the Improvements and/or Allowance.
(g) Each Construction Contract shall set forth the Improvements to be completed pursuant to such Construction Contract. In addition, each Construction Contract shall include a schedule (each a “Schedule”) created by Contractor, Landlord and maintained Tenant (working in good faith) establishing an estimated completion date for the Improvements covered by such mannerConstruction Contract (each a “Target Completion Date”). Contractor shall work diligently and in good faith to complete the Improvements contained in each Construction Contract by the Target Completion Date established on the Schedule for the specific Construction Contract. With respect to each Construction Contract, form Contractor shall be entitled to collect and extent as will provide adequate drainage of and deduct from the adjoining lands and premises Allowance paid pursuant to such Construction Contract a contractor’s fee in an amount equal to 7% of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises total cost of the GrantorImprovements (i.e. the Cost of Work as defined in the then current edition of the AIA Standard Form of Agreement between Owner and Contractor) applicable to the Construction Contract, which Cost of Work shall specifically exclude any amounts paid towards specialty equipment purchased and installed and warranted by Tenant and any fines or penalties assessed against the Grantee shall construct project resulting from violations of applicable laws and maintain such culverts codes, including without limitation, OSHA, by Contractor or drains as may be requisite any of its sub-contractors or suppliers within Contractor’s control. Contractor will cause the construction of the Improvements under each Construction Contract to preserve such natural and pre-existing drainage, commence in accordance with the Schedule and shall also wherever necessary, construct extensions of existing drains, culverts Substantially Complete the Improvements on the Schedule on or ditches through before the date which is thirty (30) days following the date specified on the Schedule (subject to automatic extension for any delay cause by Force Majeure or along Tenant Delay) (the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing“Target Date”). In the event that the Improvements for a Construction Contract are not Substantially Complete within thirty (30) days of the Target Date (“Outside Completion Date”) of such Construction Contract, Contractor’s contractor fee shall be automatically reduced by 1% on the first day following the Outside Completion Date and again, if applicable, by an additional 1% each for thirty (30) day period thereafter until such Improvements have been Substantially Completed. Notwithstanding anything to the contrary, each Construction Contract and its related Schedule shall be applicable only to those Improvements contained therein.
(h) As used herein, (i) “Force Majeure” shall mean matters outside of Contractor’s reasonable control including, but not limited to the following: strikes, lockout, or labor disputes; failure or interruption of or delay in the availability of any constructionone or more public utilities at the Building for the use of Contractor or its sub-contractors; delays due to governmental regulation or actions or inaction of local, repairstate or federal governments [including, maintenancewithout limitation, work any extraordinary delays in issuing building permits, certificates of occupancy or other use similar permits or certificates]; riots, acts of the Premises by Grantee will affect public enemy, war, invasion, insurrection, mob violence, sabotage or malicious mischief; storm, flood, unusually severe weather or acts of God; fire, explosion, or casualty; inability to procure, or general shortages of, labor, equipment, facilities, materials or supplies; failure of transportation, epidemics, quarantine restrictions, freight embargoes, or any Linesother cause event or circumstance, fenceswhether similar or dissimilar, buildingsbeyond Contractor’s control; (ii) “Substantially Complete”, improvements “Substantial Completion” or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) words of the Other Improvements notifying them of similar import shall mean that any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal performed by Contractor pursuant to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.a specific Construction Contract has
Appears in 2 contracts
Samples: Lease (Castle Creek Biosciences, Inc.), Lease (Castle Creek Biosciences, Inc.)
Improvements. Grantee 8.1 Landlord shall takecomplete the Building in accordance with the approved plans and specifications for Landlord’s Improvements and Tenant’s Improvements. The Landlord shall select the general contractor with the approval of the Tenant, not be unreasonably withheld. The Tenant shall prepare the working drawings for the Tenant’s Improvements for Landlord’s approval not to be unreasonably withheld by the date that is 120 days after the Design Agreement Date and the Landlord shall use reasonable commercial efforts to complete Landlord’s Improvements in coordination with Tenant’s Improvements in accordance with Section 10.1 of this Offer.
8.2 In the event that:
(a) the Landlord and the Tenant do not reach an agreement on the Landlord’s Improvements by the Design Agreement Date, or
(b) the Landlord and the Tenant do not reach an agreement the Lease or Schedule C under the provisions of Section 11.1 herein, or
(c) the Landlord and the Tenant do not reach an agreement on competitive pricing methods for the Tenant’s Improvements, on or before the Design Agreement Date, the Tenant and Landlord shall each be responsible for 50% of the total costs reasonably incurred cumulatively by the Landlord and the Tenant for design, specifications, and/or drawings of Landlord’s Improvements and Tenant’s Improvements from the date of execution of this Offer to Lease to the Design Agreement Date. If amounts are owed by the Tenant beyond what costs that had already been incurred by the Tenant, the amount owed shall be deducted from the Deposit. If amounts are owed by the Landlord beyond what costs that had already been incurred by the Landlord, the Landlord shall write a cheque for the amount owed to the Tenant.
8.3 Landlord shall construct Landlord’s Improvements and Tenant’s Improvements expeditiously in a good, workmanlike manner, in a timely mannersubstantial accordance with the approved plans and specifications and in compliance with all laws, all actions necessary codes and proper to the lawful establishment, construction, operation, regulations and maintenance of the Improvements, including such actions shall not be modified in any material respect except as may be necessary to obtain any required permits, approvals by building code and except where such modification does not change the quality or authorizations from applicable governmental authoritiesfunctionality of the Building. Any disagreement between the Landlord and Tenant shall be determined by the Landlord’s Architect after consultation with the Tenant’s Architect. Should compliance with laws, codes and regulations require a change from the approved plan and specifications, the Landlord shall notify the Tenant immediately. The Landlord shall use reasonable commercial efforts to keep Tenant’s representative informed of all cuts changes.
8.4 Landlord shall ensure that it obtains and fillsenforces all customary contractor’s and subcontractors’ work and material warranties for the construction of Landlord’s Improvements and Tenant’s Improvements which shall include as a minimum a general warranty for 12 months from substantial completion from the general contractor.
8.5 Landlord shall, excavations or embankments necessary in the constructionsubject to seasonal deficiencies, maintenance, or future alteration complete landscaping of the Improvements shall be made entrance to the Building, access road to the Building and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises parking area of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises Building concurrently with substantial completion of the Grantor, the Grantee shall construct Landlord’s Improvements and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Tenant’s Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.
Appears in 2 contracts
Samples: Lease Agreement, Lease (Tekmira Pharmaceuticals Corp)
Improvements. Grantee The Tenant will not make any repairs, alterations, replacements, decorations or improvements to any part of the Leased Premises without first obtaining the Landlord’s prior written approval which approval shall takenot be unreasonably withheld or delayed. The Tenant shall submit to the Landlord details of the proposed work, such indemnification against liens, costs, damages and expenses as the Landlord shall require and evidence satisfactory to the Landlord that the Tenant has obtained, at its sole expense, all necessary consents, licences and approvals from all governmental authorities having jurisdiction. All such repairs, replacements, alterations, decorations or improvements by the Tenant to the Leased Premises approved of by the Landlord shall be at the sole cost of the Tenant, shall be performed by competent workmen in a timely manner, all actions necessary good and proper workmanlike manner and shall be subject to the lawful establishment, construction, operation, and maintenance reasonable supervision of the ImprovementsLandlord. Any such repairs, including such actions replacements, alterations, decorations or improvements made by the Tenant without the prior written consent of the Landlord, or, which are not in accordance with the drawings and specifications approved by the Landlord, as aforesaid, shall, if requested by the Landlord, be promptly removed by the Tenant at its expense and the Leased Premises restored to their previous condition. Provided, notwithstanding anything herein contained, no repair, replacement, alteration, addition, or improvement to the Leased Premises by or on behalf of the Tenant shall be permitted which may be necessary to obtain any required permitsweaken or endanger the structure or adversely affect the condition or operation of the Leased Premises or the Building or diminish the value thereof, approvals or authorizations from applicable governmental authoritiesrestrict or reduce the Landlord’s coverage for zoning purposes. Any and all cuts and fillsrepairs, excavations replacements, alterations, additions or embankments necessary in improvements to the construction, maintenance, or future alteration Leased Premises which may affect the structure of the Improvements Leased Premises or any part of the Building or which are to be installed outside the Leased Premises, shall be made performed only by the Landlord at the Tenant’s sole cost and maintained in expense and upon such manner, form other terms and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains conditions as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along imposed upon the premises of Tenant by the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireLandlord.
Appears in 2 contracts
Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)
Improvements. Grantee Should Tenant install air conditioning or other equipment on the roof of the Demised Premises, Tenant shall takeassume primary responsibility for the maintenance and repair of the roof and such installation, operation and maintenance shall be made in a timely mannersuch manner that the right of Landlord under any roofing bond then in force shall not be affected. Within twenty days from the date this Lease is executed by Landlord and Tenant and before any of Tenant's work is started, Tenant shall submit for Landlord's approval detailed plans and specifications for all actions necessary and proper Tenant's work, which must include the extent such work will require mechanical or electrical installations which will be connected to utilities furnished by Landlord or will affect the exterior appearance of the Demised Premises or its structural, mechanical or electrical components. All improvements, additions or fixtures that may be made or installed on the premises by either party (including floor coverings cemented or otherwise affixed to the lawful establishmentfloor) shall be the property of the Landlord. Tenant shall not make any structural alterations in or additions to the Demised Premises. If alterations become necessary because of the application of laws or ordinances or of the directions, constructionrules or regulations of any regulatory body to the business carried on by the tenant or because of any act of default on the part of the Tenant or because Tenant has overloaded any electrical or other facility, operationTenant shall make any required alterations whether structural or non-structural at its own cost and expense after first obtaining Landlord's written approval of plans and specifications and furnishing to Landlord such indemnification against liens, costs, damages and expenses as Landlord may reasonably require. All improvements shall be in accordance with all Federal, State and Local regulations and codes and will not commence prior to obtaining all applicable permits. Tenant shall not place or suffer to be placed or maintained on any exterior door, roof, wall or window of the Complex or demised premises including the storefront or any other part of the Demised Premises visible from any part of the common area any sign, awning or canopy, or advertising matter or other thing of any kind, and maintenance will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Improvementsdemised premises without first obtaining Landlord's written approval and consent. Landlord agrees to grant approval of any sign which is in conformity with the sign criteria for the Complex prepared by Landlord's architect. Tenant further agrees to maintain such sign, including such actions awning, canopy, decoration, lettering, advertising matter or other thing as may be necessary approved in good condition and repair at all times and to obtain remove the same at the end of the term if requested by Landlord to do so. Upon removal thereof Tenant agrees to repair any required permitsdamage to the premises caused by such installation. Landlord shall have at all times a valid lien for all rentals and other sums of money becoming due hereunder from the Tenant upon all goods, approvals wares, equipment, fixtures, furniture and other personal property of Tenant situated on the premises without liability for trespass or authorizations from applicable governmental authoritiesconversion, and sell the same with or without notice at public or private sale, with or without having such property at the sale, at which Landlord or its assigns may purchase, and apply the proceeds thereof, less any all expense connected with the taking of possession and sale of the property, and as a credit against any sums due by Tenant to Landlord. Any surplus shall be paid to Tenant, and all cuts and fillsTenant agrees to pay any deficiency forthwith. Alternatively, excavations or embankments necessary the lien hereby granted may be foreclosed in the construction, maintenance, manner and form provided by law or future alteration of the Improvements shall be made in any form provided by law. Tenant agrees to execute such Financing Statements and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains other documents as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along required by the premises commercial Code of the Grantor, such extensions to be of adequate sectional dimensions state in which the demised premises are located in order to preserve the present flowage priority of drainage the lien created. The statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. Landlord agrees to subordinate the lien granted herein to a third party institutional lender financing tenants inventory as well as specific equipment listed on Exhibit A. Upon expiration of the term of this Lease Tenant agrees to promptly remove its personal property, trade fixtures and signs and upon Tenant's failure to do so, the said fixtures, signs and property shall be deemed abandoned by Tenant and shall become the property of the Landlord. The Landlord shall not be liable for trespass, conversion or other watersnegligence by reason of its acts or acts of anyone claiming under it or by reason of the negligence of any person with respect to the acquisition and/or disposition of such property. Tenant agrees that it will repair any damage done to the premises by the installation and/or removal of its trade fixtures and signs, and upon failure of materials and workmanship equally as good as those now existing. In Tenant to do so promptly at the event any construction, repair, maintenance, work or other use end of the Premises term Tenant agrees to pay Landlord any cost incurred by Grantee will affect any LinesLandlord in making such repairs or affecting such removal. Notwithstanding anything contained herein to the contrary, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will all renovations that have been approved by Landlord may be responsible at Grantee’s sole risk to locate left in the approved state and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) end of the Other Improvements notifying them lease. Furthermore Tenant shall have the option to repair any equipment , fixtures, etc., in good working order , in leu of replacing any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep of the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.
Appears in 2 contracts
Samples: Business Lease (Amazon Herb Co), Business Lease (Amazon Herb Co)
Improvements. Grantee 8.1 Tenant accepts the Demised Premises in its present “AS IS” condition and may construct or cause to be constructed, such interior and exterior improvements and maintenance to the Demised Premises, as reasonably necessary for it to carry on its permitted use(s), as set forth in Section 7; provided, however, that any plans for such improvements shall takefirst be submitted to the City Manager for his prior written consent, in a timely mannerwhich consent, if granted at all, shall be at the City Manager’s sole and absolute discretion. Additionally, any and all approved improvements shall be made at Tenant’s sole expense and responsibility. All permanent (fixed) improvements to the Demised Premises shall remain the property of the City upon termination and/or expiration of this Lease Agreement. Upon termination and/or expiration of this Lease Agreement, all actions necessary personal property and proper non-permanent trade fixtures may be removed by the Tenant from the Demised Premises, provided that they can be (and are) removed without damage to the lawful establishmentDemised Premises. Tenant will permit no liens to attach to the Demised Premises arising from, constructionconnected with, operationor related to the design and construction of any improvements. Moreover, and maintenance such construction shall be accomplished through the use of licensed, reputable contractors who are acceptable to the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authoritiesCity. Any and all cuts permits and fillsor licenses required for the installation of improvements shall be the sole cost and responsibility of Tenant.
8.2 Notwithstanding Subsection 8.1, excavations upon termination and/or expiration of this Lease Agreement, and at City’s sole option and discretion, any or embankments necessary all alterations or additions made by Tenant to or in the constructionDemised Premises shall, maintenanceupon written demand by the City Manager, or future alteration be promptly removed by Tenant, at its expense and responsibility, and Tenant further hereby agrees, in such event, to restore the Demised Premises to their original condition prior to the Commencement Date of this Lease Agreement.
8.3 The above requirements for submission of plans and the use of specific contractors shall not apply to improvements (which term, for purposes of this Subsection 8.3 only, shall also include improvements as necessary for Tenant’s maintenance and repair of the Improvements shall be made and maintained in such mannerDemised Premises) which do not exceed Five Hundred ($500.00) Dollars, form and extent as will provide adequate drainage of and from provided that the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainagework is not structural, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises provided that it is permitted by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireapplicable law.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Improvements. Grantee (a) Immtech agrees that all Improvements developed by Immtech during the term of this Agreement shall takebe made available on the same basis and under the same terms as set forth in this Agreement at no additional cost to Criticare. Immtech shall promptly notify Criticare of all such Improvements as they can reasonably be made available in form sufficient to disclose such Improvement to Criticare, and at Criticare's option such Improvements may be included in this Agreement and/or Products.
(b) If Criticare requests Immtech, in writing, to file a timely mannerpatent application in a given nation or nations within the Licensed Territory based on the Immtech Patent Rights or a Immtech Improvement, Immtech shall promptly initiate the filing of such application(s), using local counsel of Criticare's choosing. Criticare shall be responsible for all actions necessary out of pocket costs, including attorney fees, of filing and proper to the lawful establishmentprosecuting any such patent application(s) together with all fees, constructiontaxes, operationassessments, and levies on said patent application(s) and/or patent(s) obtained therefrom for so long as Criticare desires to maintain its rights thereunder. Immtech shall cooperate fully with the prosecution, maintenance and enforcement of said patent application(s) and/or patent(s) obtained therefrom and shall execute all documents reasonably necessary for these activities.
(c) Criticare agrees that all Improvements developed by Criticare during the term of this Agreement shall be made available on a nonexclusive basis to Immtech without cost or reduction in royalty payable to Immtech. Criticare shall promptly notify Immtech of all such Improvements as they can reasonably be made available in form sufficient to disclose such Improvement to Immtech, and at Immtech's option may be included in Products and/or may be licensed from Criticare on the same basis and under the same terms as set forth in this Agreement.
(d) Upon termination of the Improvementsterm of this Agreement, including such actions as may be necessary Criticare's rights to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration continue use of the Immtech's Improvements shall be made and maintained in such mannerlimited by the scope of Immtech Patent Rights existing upon termination. Likewise, form and extent as will provide adequate drainage of and from the adjoining lands and premises upon termination of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises term of the Grantorthis agreement, the Grantee shall construct and maintain such culverts or drains as may be requisite Immtech's rights to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other continue use of Criticare's Improvements shall be limited by the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) scope of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireCriticare's patent rights existing upon termination.
Appears in 2 contracts
Samples: International Patent, Know How and Technology License Agreement (Immtech International Inc), Asset Purchase Agreement (Immtech International Inc)
Improvements. Grantee Landlord agrees that Tenant shall takehave the exclusive right to, and may from time to time, at its sole cost and expense: (i) make, erect, place and construct on all or any part of the Leased Premises (including, without limitation, the subsurface thereof) such buildings, structures and other improvements and fixtures as Tenant may deem necessary or convenient in connection with the Permitted Use of the Leased Premises including, without limitation, subsurface wellbores; and (ii) make such alterations, demolitions, additions, modifications, and changes, structural or otherwise, in any and all such improvements and fixtures on the Leased Premises (including, without limitation, the subsurface thereof) as it deems necessary or desirable in connection with the Permitted Use. Tenant shall have the right to remove any improvements, fixtures and equipment (including, without limitation, well casings) remaining on or under any Site at any time during this Lease and for a timely manner, all actions necessary and proper to period ending six (6) months after the lawful establishment, construction, operation, and maintenance expiration of the ImprovementsTerm as to such Site; provided, including however, that upon written notice from Landlord, Tenant shall remove any such actions improvements within said 6-month period (or longer as may be reasonably necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee applicable Laws) and local laws return the Site to dressed dirt condition and regulations as otherwise required pursuant to applicable Laws. Any improvements remaining on such Site thereafter (with the exception only of movable trade fixtures, furniture, and other movable personal property) will be considered improvements to and become a part of the real estate of the Landlord, and the Tenant shall not have the obligation to remove the same nor to restore such Site to its original condition. Notwithstanding the above, Tenant will comply with all Laws regulating cessation of oil and gas operations, plugging and abandoning oil and gas xxxxx and restoration of the Site. Tenant covenants that any improvement erected by it and all hazard alterations, additions and changes made by it in such improvements will be done, erected or made in a good and workmanlike manner. Tenant shall have no right, power or authority to create, cause or allow any lien of fireany kind against the fee title of Landlord in and to the Leased Premises. Nothing in this Lease shall be deemed in any way (i) to constitute Landlord’s consent or request, express or implied, that any contractor, subcontractor, laborer or materialman provide any labor or materials for any alteration, addition, improvement or repair to any or all of the Leased Premises, or (ii) to give Tenant any right, power or authority to contract for or permit to be furnished any service or materials, if doing so would give rise to the filing of any mechanics’ or materialman’s lien against any or all of Landlord’s fee estate in the Land, or (iii) to evidence Landlord’s consent that Landlord’s fee estate in the Land be subjected to any such lien. If any third party files notice of such a lien against the fee title of Landlord for work or materials provided to or for Tenant, Tenant shall cause same to be discharged by payment or bonding within thirty (30) days after Tenant’s receipt of written notice of such filing from Landlord. Subject to the foregoing, on the last day of the Term as to any Site, or upon the earlier termination of this Lease as to any Site, Tenant shall leave, surrender and yield to Landlord such Site in good order and repair, reasonable wear and tear excepted.
Appears in 2 contracts
Samples: Ground Lease Agreement, Ground Lease Agreement (Apple REIT Nine, Inc.)
Improvements. Grantee The Borrower, at its own expense, shall takeaffix or install any accessory, in a timely mannerequipment or device to or on the Airframe or an Engine or make such alterations, all actions necessary modifications and proper additions to the lawful establishmentAirframe or the Engines (any such accessory, constructioninstalled equipment or device, operationimprovement, and maintenance of the Improvementsmodification, including such actions alteration or addition affixed or installed pursuant to this paragraph being herein referred to as an "IMPROVEMENT") as may be necessary required from time to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in time to meet the construction, maintenance, or future alteration standards of the Improvements shall be made FAA or other governmental authority having jurisdiction and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite required to preserve such natural permit the full and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other unrestricted use of the Premises Aircraft in the service now and from time to time provided by Grantee will affect any Linesthe Borrower, fences, buildings, improvements including but not limited to operating noise level standards or other facilities (collectivelystandards under the regulations of the FAA for which compliance is required. In addition, "Other Improvements")the Borrower, Grantee will be responsible at Grantee’s sole risk its own expense, may from time to locate time make such Improvements to the Airframe or any Engine as the Borrower may deem desirable in the proper conduct of its business; PROVIDED, HOWEVER, that no such Improvement shall diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and make any adjustments necessary airworthiness thereof immediately prior to such Other Improvements. Grantee must contact Improvement assuming the owner(s) Airframe or any such Engine was then of the Other value or utility and in the condition and airworthiness required to be maintained by the terms of this Agreement. All Parts constituting Improvements notifying them shall, without further act, become subject to Bank's security interest. Notwithstanding the foregoing sentence of this paragraph, so long as no Default or Event of Default shall have occurred and be continuing, the Borrower may, at any time, remove any Improvement; PROVIDED, HOWEVER, that (i) such Improvement is in addition to, and not in replacement of or substitution for, any Part originally incorporated or installed in or attached to the Airframe or such Engine or any Improvement in replacement of, or substitution for any such Improvement, (ii) such Improvement is not required to be incorporated or installed in or attached or added to the Airframe or any such Engine pursuant to the terms of this Section, and (iii) such Improvement can be removed from the Airframe or such Engine without diminishing or impairing the value, utility, condition or airworthiness required to be maintained by the terms of this Agreement which the Airframe or such Engine would have had at such time had such alteration, modification or addition not occurred. Upon the removal by the Borrower of any work that may damage these Other Improvements and/or interfere with their service Improvement as above provided, Bank's security interest in such Improvement shall, without further act, be released and obtain such Improvement shall no longer be deemed part of the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on Airframe or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear Engine from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firewhich it was removed.
Appears in 2 contracts
Samples: Aircraft Loan Agreement (Hawaiian Airlines Inc/Hi), Aircraft Loan Agreement (Hawaiian Airlines Inc/Hi)
Improvements. Grantee shall take, All improvements in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance Premises as of the Improvements, including such actions Commencement Date (other than Tenant’s Property or except as may be necessary to obtain otherwise expressly set forth herein), including any required permitsAlterations (collectively, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in “Leasehold Improvements”) shall remain upon the construction, maintenance, or future alteration Premises at the end of the Improvements shall be made and maintained in such mannerTerm without compensation to Tenant. Landlord, form and extent as will provide adequate drainage of and from however, by written notice to Tenant at least ninety (90) days prior to the adjoining lands and premises Termination Date (a “Removal Demand”), may require Tenant, at its expense, to remove any of the Grantor; and wherever following, provided however, in no event shall Tenant have any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises obligation to remove any Leasehold Improvements which were a part of the GrantorDelivery Condition of the Premises:
(a) any cable and any wiring or cabling in conduit to the extent installed by or for the benefit of Tenant (collectively, “Removable Cabling”),
(b) any slab cuts other than a reasonable quantity of holes (each not exceeding 4 inches in diameter or exceeding ten (10) feet in length) for conduits, pipes and ducts,
(c) any vaults installed by or for the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainagebenefit of Tenant,
(d) all improvements, signage, and shall also wherever necessaryequipment of any nature whatsoever made by or on behalf of Tenant;
(e) any back-up power system installed by or for the benefit of Tenant, construct extensions and any other similar equipment that, in Landlord’s reasonable judgment, is of existing drains, culverts or ditches through or along the premises a nature that would require removal and repair costs that are materially in excess of the Grantorremoval and repair costs associated with standard office improvements;
(f) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements or are not customarily found in first class office buildouts. (collectively, “Required Removables”), and to repair and restore in a good and workmanlike manner to a condition which is customary and reasonable for such extensions removal any damage to be of adequate sectional dimensions the Premises or Building caused by such removal (but without requirement to preserve the present flowage of drainage replace carpeting, wall coverings or other watersfinishes, and of materials and workmanship equally as good as those now existing. In further assuming that the event any constructionexisting Leasehold Improvements will be demolished, repair, maintenance, work or other use unless Landlord has then executed a new Lease for the relevant portion of the Premises by Grantee and has a reasonable basis to believe that the new tenant does not intend to demolish the applicable areas) (the “Restoration Standard”). If Landlord determines that a future tenant will affect use any Linesitem that qualifies as a Required Removable or if Landlord intends to demolish such space, fencesthen Tenant shall not be obligated, buildingsbut nevertheless may elect, to remove (or pay for) the same. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems, and structural alterations and modifications. It is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building Standard doors and non-glued down carpeting or other facilities (collectivelyany Landlord Work. Notwithstanding the foregoing, "Other Improvements"), Grantee will Tenant shall not be responsible at Grantee’s sole risk required to locate and make restore any adjustments necessary to such Other Improvements. Grantee must contact improvements upon the owner(s) expiration or termination of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain Lease except the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements items identified on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireExhibit K attached hereto.
Appears in 2 contracts
Samples: Office Lease Agreement (Pubmatic, Inc.), Office Lease Agreement (Pubmatic, Inc.)
Improvements. Grantee shall take, in a timely manner, all actions necessary and proper ALTERATIONS. Improvements to the lawful establishmentPremises shall be installed at the expense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. After the initial Tenant improvements are made, constructionno alterations or physical additions in or to the Premises may be made without Landlord's prior written consent. Tenant shall not paint or install lighting or decorations, operationsigns, window or door lettering, or advertising media of any type on or about the Premises without the prior written consent of Landlord. All alterations, additions, or improvements (whether temporary or permanent in character, and maintenance including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property at the end of the ImprovementsTerm and shall remain on the premises without compensation to Tenant. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, including plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such actions approval shall merely be the consent of Landlord as required hereunder. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work within the Premises required to comply with the retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be necessary amended from time to obtain time (the "ADA"), necessitated by any required permitsinstallations, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenanceadditions, or future alteration alterations made in or to the Premises at the request of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall by Tenant or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other by Tenant's use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"Landlord in an instrument signed by Landlord and Tenant), Grantee will and Landlord shall be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact for the owner(s) cost of the Other Improvements notifying them of any all work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as required to comply with Grantee the ADA in connection with other areas of the Building. Notwithstanding the foregoing, all moveable partitions, cubical furniture and local laws de-mountable wall systems are to be considered personal property of the Tenant (similar to furniture) and regulations may be erected, moved, re-configured and xxxxx any and all hazard of fireremoved, including minor electrical connections, without consent from Landlord provided that the Building is returned to its original or otherwise satisfactory condition after such removal.
Appears in 1 contract
Improvements. Grantee Subtenant shall takebe responsible for all improvements and costs incurred in upfitting and renovating the premises for Subtenant's use. Sublessor shall cooperate with Subtenant to secure the consent of Prime Landlord, if required, to any signage to be installed or alterations to be made by Subtenant. Prior to making any improvements, alterations or renovations to the premises, Subtenant agrees to submit all plans and specifications -to Sublessor for review and approval and to Prime Landlord if such approval by Prime Landlord is required under the Prime Lease. Such improvements, alterations or renovations shall be done in a wxxxxxx-like manner and on a timely basis, in a timely manner, accordance with all actions necessary permits and proper to building codes. Subtenant has inspected the lawful establishment, construction, operationleased premises and found them suitable for its purposes as of the date of this Sublease, and maintenance Subtenant agrees to accept the condition thereof as of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary commencement date provided there has been no material adverse change in the construction, maintenance, or future alteration condition thereof as of the Improvements commencement date. Sublessor shall be made responsible to maintain the premises and maintained the building, equipment and fixtures thereon in such manner, form and extent as will provide adequate drainage of and good working order from the adjoining lands date hereof until the commencement date. SUBTENANT AGREES TO ACCEPT THE LEASED PREMISES IN AS IS CONDITION AND ACKNOWLEDGES THAT SUBLESSOR HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION OF THE LEASED PREMISES INCLUDING, WITHOUT LIMITATION, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Sublessor agrees that Subtenant has the right to change the existing signage at the oremises to signage that identifies Subtenant and premises its business as the occupant of the Grantor; premises, and wherever any such fill or embankment shall or to change the curbs and driveways on the premises by creating a connecting driveway so that vehicles exiting from a drive-through lane may obstruct turn left to circle the natural building and pre-existing drainage from such lands exit to Park Street and premises by creating a new exit to Park Street at the upper end of the Grantordrive-through canopy so that vehicles exiting from a drive-through lane may turn right and exit to Park Street, provided such changes are permitted by the Grantee shall construct appropriate governmental authorities and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible are made at Grantee’s Subtenant's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireexpense.
Appears in 1 contract
Samples: Sublease (Comsouth Bankshares Inc)
Improvements. Grantee A. Tenant shall takenot place or construct any improvements, structures, alterations, modifications, signs or additions (collectively, “Improvements”) in, to, or upon the Premises without the prior written approval of the Commission.
B. Tenant shall obtain the Commission’s prior written approval of Improvements in a timely manneraccordance with the Tenant’s Alteration Process (as such process may be amended by the Commission from time to time, “TAA Process”). Tenant shall submit with any request for the Commission’s TAA Process approval such preliminary engineering, architectural plans and other information as required by the TAA Process. Tenant shall furnish copies of all actions necessary such engineering, architectural plans and proper other applicable information to the lawful establishmentMassachusetts Department of Transportation, constructionAeronautics Division (“MassDOT”), operationand, and maintenance of if so directed by the ImprovementsCommission, including such actions as may be necessary to obtain any required permits, the Federal Aviation Administration (“FAA”). The Commission’s approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements may be withheld, granted or conditioned upon factors which the Commission determines has or may have an impact upon the Commission, the Airport, its procedure or its efficient operation. The Commission shall not consent to any improvements, alterations, additions, remodeling, rebuilding, relocation or demolition that would result in the Commission or Tenant violating any of their respective obligations to the FAA or MassDOT, or that would be incompatible with existing and planned aeronautical uses of the Airport.
C. Upon completion of any Improvements, Tenant, at its own cost, shall make or have made as-built plans of such Improvements and maintained in submit said plans to the Commission within thirty (30) days of Tenant’s completion of such manner, form and extent as will provide adequate drainage Improvements.
D. If Tenant does not obtain the prior written approval of and Improvements from the adjoining lands Commission, or, if Tenant does not comply with the provisions and premises conditions of said approval, or does not submit as- built plans as required herein, the Commission may, upon reasonable prior notice, enter the Premises and restore the condition of the Grantor; and wherever any such fill or embankment shall or may obstruct Premises, complete the natural and preImprovements as approved by the TAA Process and/or have as-existing drainage from such lands and premises of the Grantorbuilt plans made, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainageappropriate, and Tenant shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along reimburse the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx Commission for any and all hazard of firecosts incurred in so doing plus an additional 15% thereof as an administrative surcharge.
Appears in 1 contract
Improvements. Grantee The type and location of any recreational improvements (“Improvements”) proposed to be placed on the Licensed Premises must be approved in writing by SBBC, and such approval shall takenot be unreasonably withheld. Any Improvements placed on the Licensed Premises without the prior written approval of SBBC shall immediately be removed or relocated within ninety-days (90) of written demand by SBBC, in a timely mannerunless the parties otherwise agree that such Improvements can remain, all actions necessary and proper if so, this Agreement shall be amended to reflect the use and responsibility of the Improvements.
(a) The authority to grant approval of proposed Improvements is hereby delegated by SBBC to both SBBC’s Chief of Facilities, or their designee, and SBBC’s Chief Building Official, or their designee. Subject to the lawful establishmentprovisions of the foregoing paragraph, constructionthe parties further agree that the City shall prepare and submit plans to both SBBC’s Chief of Facilities, operationor their designee, and maintenance SBBC’s Chief Building Official, or their designee, for review and consideration of approval. Such plans must comply with all State of Florida Building Code Requirements, Florida Fire Protection Code, and State Requirements for Educational Facilities (“SREF”) as applicable, SBBC’s Design Standards, and any other requirements imposed by applicable law. SBBC’s Chief of Facilities, or their designee, and SBBC’s Chief Building Official, or their designee, shall provide any applicable review comments to City. All plans must be approved by SBBC’s Chief of Facilities, or their designee, and SBBC’s Chief Building Official, or their designee, prior to construction of the Improvements.
(b) The City shall be solely responsible for all contractual obligations to any contractor hired to construct the Improvements.
(c) Before the commencement of the Improvements, including such actions as may be the City shall require the engaged contractor to furnish surety payment and performance bonds or public construction bonds that guarantee the completion of the Improvements, the performance of the work necessary to obtain complete the Improvements, and ensure full payment is made to all suppliers, material men, laborers and/or subcontractors. The City shall ensure that the contractor deliver a copy of the payment and performance or public construction bond(s) to the City. Following the completion of the Improvements, the City shall require the engaged contractor to furnish maintenance bond(s) which shall remain in effect for one (1) year after final completion of the Improvements. The City shall ensure that the contractor will correct any required permits, approvals defective or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations faulty work or embankments necessary in materials that appear after the construction, maintenance, or future alteration completion of the Improvements shall be made and maintained in within the warranty period of such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireperformed.
Appears in 1 contract
Samples: Recreation License Agreement
Improvements. Grantee shall takeAt Tenant's own expense, after giving Landlord notice in a timely mannerwriting of its intentions to do so and without limiting Tenant's right to remove and/or replace Personal Property in accordance with Article 10, Section 10.3, Tenant may, from time to time after completion of all actions work in accordance with Exhibit C, make such permanent and nonstructural alterations, replacements, additions, changes, and/or improvements (collectively referred to in this Lease as "Improvements") to Tenant's Work previously completed in accordance with Exhibit C or to prior Improvements as Tenant may find necessary and proper to or convenient for its purposes, provided that the lawful establishment, construction, operation, and maintenance value of the ImprovementsPremises is not thereby diminished; provided, including such actions as however, no Improvements costing in excess of Twenty-Five Hundred Dollars ($2,500.00) may be necessary to obtain any required permitsmade without obtaining the prior written approval of Landlord. In addition, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the no Improvements shall be made and maintained in such mannerto any storefront, form and extent as will provide adequate drainage of and from mechanical, electrical or plumbing systems, the adjoining lands and premises exterior walls or roof of the Grantor; and wherever Premises, nor shall Tenant erect any such fill mezzanine or embankment shall or may obstruct increase the natural and pre-existing drainage from such lands and premises size of same, if one be initially constructed, without obtaining the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions prior written approval of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existingLandlord. In the no event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and shall Tenant make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut made any penetration into or through the roof or floor of the Premises without obtaining the prior written approval of Landlord. Tenant agrees to reimburse Landlord for all costs and removed expenses (including, without limitation, any architect and/or engineer fees) incurred by Landlord in approving or disapproving Tenant's plans for Improvements. Tenant shall be liable for and shall indemnify and defend Landlord and other tenants at the Property from any claim, demand, lien, loss, damage or expense, including reasonable attorney fees and costs, arising from any Improvements permitted under this Article 10. Within thirty (30) days after completing its sole expense all weeds and vegetation on said premisesImprovements, said work Tenant shall certify to Landlord in writing Tenant's actual cost of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireconstructing its Improvements.
Appears in 1 contract
Improvements. Grantee (a) The Parties agree that, as between the Parties, any Invention conceived or developed prior to the Effective Date of this Restated Agreement and related specifically to processes for coating Stents with BESA’s Drug/Polymer Composite Formulation, BESA’s Polymer Coating or Biolimus A9, whether conceived or developed jointly by the Parties or solely by either Party (“BESA’s Process Improvements”), and the intellectual property rights therein and thereto, shall takebe the sole property of BESA. To the extent XTENT becomes the owner of such Process Improvements, XTENT agrees to assign and hereby assigns to BESA all of its right, title and interest in and to such Process Improvements and the intellectual property rights therein and thereto; provided, however, that nothing in this Section 8.7(a) shall require XTENT to assign, license, or otherwise transfer rights in any Invention conceived or developed by XTENT prior to the Original Effective Date. As to any BESA Process Improvements invented solely or jointly by XTENT after the Original Effective Date, BESA agrees to grant XTENT, and hereby grants XTENT, for consideration herein acknowledged, a non-exclusive, paid up, perpetual and irrevocable right and license, under all of the intellectual property rights in BESA’s Process Improvements developed prior to the Effective Date of this Restated Agreement, to make, use, sell and offer to sell XTENT’s Stents, within XTENT’s Licensed Field of Use, and to practice such method or process subject to all the terms and conditions hereof. The foregoing license shall survive the expiration or termination of this Restated Agreement It is understood that nothing in this Section creates any additional license or right with respect to BESA Items beyond that set forth in Article II hereof.
(b) The Parties agree that, as between the Parties, any Invention conceived or developed by XTENT solely or jointly with a party other than BESA or its Affiliates subsequent to the Effective Date of this Restated Agreement and related specifically to processes for coating XTENT’s Stents with BESA’s Drug/Polymer Composite Formulation, BESA’s Polymer Coating or Biolimus A9, (“XTENT’s Process Improvements”), and the intellectual property rights therein and thereto, shall be the sole property of XTENT, unless such Process Improvements were conceived or developed jointly with BESA or its Affiliates or are based on or derived from the Confidential Information of BESA or its Affiliates, in a timely manner, all actions necessary and proper to which case they shall remain the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.of
Appears in 1 contract
Samples: License Agreement (Xtent Inc)
Improvements. Grantee Landlord shall take, in a timely manner, all actions necessary and proper make (i) such modifications to the lawful establishment, construction, operation, and maintenance Premises as are required by the Americans With Disability Act of 1990 (the "Act") as of the Improvementsdate of this Lease; provided, including such actions as may be necessary to obtain any required permitshowever, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements that Tenant shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx for any and all hazard modifications required under the Act as the result of fire.Tenant alterations or improvements made as part of Tenant's Work and subsequent to the Tenant's Work, and (ii) such modifications to the Premises as are required above the ceiling by local and state code; provided, however, that Tenant shall be responsible for (1) all code compliance work below the ceiling of the Premises, other than as specified above with respect to the Act, and (2) any and all modifications required by code as the result of Tenant alterations or improvements made subsequent to Tenant's Work. Landlord's obligations under the preceding sentence are hereinafter referred to as "Landlord's Work". Landlord's Work shall be provided at Landlord's cost, without contribution by Tenant through the Tenant Allowance (as hereinafter defined), Operating Expenses or otherwise, subject to the other provisions of this Paragraph 2. With the exception of Landlord's Work and the Tenant's Work to be provided pursuant to the below provisions of this Paragraph 2, the Premises are leased to Tenant "as is" without any obligation of Landlord to make improvements or alterations of any kind. Promptly after full execution of this Lease, Landlord shall obtain all permits necessary for construction of the Tenant's Work, and thereafter shall cause Tenant's Work (as hereinafter defined) to be constructed in a good and workmanlike manner, lien free, and in accordance with the plans which have been approved by Landlord and Tenant and are attached hereto as Exhibit D (the "Approved Plans") and all legal requirements. Landlord shall exercise reasonable efforts to cause the Tenant's Work to be completed by the commencement of the Term, but Landlord shall not be liable for the failure to achieve said date (beyond abatement of rent where said abatement is provided for under
Appears in 1 contract
Improvements. Grantee shall takeAt Tenant's own expense, after giving Landlord notice in a timely mannerwriting of its intentions to do so and without limiting Tenant's right to remove and/or replace Personal Property in accordance with Article 10, Section 10.3, Tenant may, from time to time after completion of all actions work in accordance with Exhibit C, make such permanent and nonstructural alterations, replacements, additions, changes, and/or improvements (collectively referred to in this Lease as "Improvements") to Tenant's Work previously completed in accordance with Exhibit C or to prior Improvements as Tenant may find necessary and proper to or convenient for its purposes, provided that the lawful establishment, construction, operation, and maintenance value of the ImprovementsPremises is not thereby diminished; provided, including such actions as may be necessary to obtain any required permitshowever, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the no Improvements shall be made and maintained in such mannerto any storefront, form and extent as will provide adequate drainage of and from mechanical, electrical or plumbing systems, the adjoining lands and premises exterior walls or roof of the Grantor; and wherever any such fill or embankment Building without obtaining the prior written approval of Landlord. Tenant shall or may obstruct have the natural and pre-existing drainage from such lands and premises right to erect a mezzanine in the Building at its own expense, subject to the provisions of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainageSection 10.2 hereof, and provided that there shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements no effect on the Plans and Specifications and xxxx such Other Improvements parking requirements for the Shopping Center as a result thereof. Notwithstanding the foregoing, in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove no event shall Tenant make or cause to be cut made any penetration into or through the roof or floor of the Building without obtaining the prior written approval of Landlord. Tenant agrees to reimburse Landlord for all costs and removed expenses (including, without limitation, any architect and/or engineer fees) incurred by Landlord in approving or disapproving Tenant's plans for Improvements. Tenant shall be liable for and shall indemnify and defend Landlord and other tenants at the Shopping Center from any claim, demand, lien, loss, damage or expense, including reasonable attorney fees and costs, arising from any Improvements permitted under this Article 10. Within thirty (30) days after completing its sole expense all weeds and vegetation on said premisesImprovements, said work Tenant shall certify to Landlord in writing Tenant's actual cost of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireconstructing its Improvements.
Appears in 1 contract
Improvements. Grantee a. This lease agreement specifically prohibits Tenant, or any other party, from expanding uses or structures allowed on the premises beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new use permit allowing expansion, any future expansion of the uses in existing buildings, or additions to existing buildings, or construction of any new buildings, or moving existing buildings onto the premises, are all subject to the prior written approval of the Landlord and are subject to the environmental review and permit regulations and approvals of same by all applicable local, state, and federal agencies. In addition, if Tenant proposes to make or construct any alterations, improvements, additions or fixtures that affect any portion of the premises or any structures located on the premises that are allowed under an existing use permit, then Tenant shall takefirst provide the Landlord with thirty (30) days' prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. In addition, Tenant shall not substantially mark, drill or in any way deface any floors, walls, ceilings, or partitions of any structures or improvements on the premises without first providing thirty (30) days' written notice to Landlord. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits
b. Tenant shall require all contractors performing work valued in excess of $100,000 to provide a timely mannerlabor and materials bond for the full amount of the contract. Tenant shall pay, when due, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance sums of the Improvements, including such actions as money that may be necessary due or become due for any labor, services, materials, supplies or equipment furnished to obtain any required permitsor for Tenant, approvals in, at, upon or authorizations from applicable governmental authorities. Any about the leased premises and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as which may be requisite to preserve such natural and pre-existing drainagesecured by any mechanic's, and shall also wherever necessary, construct extensions of existing drains, culverts materialmen's or ditches through or along other lien against the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildingsLandlord's interest therein.
c. All alterations, improvements or other facilities additions that are now or in the future attached permanently to the premises shall be the property of Landlord and remain with the premises at the termination of this lease, except that Landlord can elect within thirty (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s30) days of the Other Improvements notifying them termination of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior lease to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber opticrequire Tenant, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said cost, to remove any alterations, improvements or additions Tenant has made to the premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.
Appears in 1 contract
Samples: Lease Agreement
Improvements. Grantee shall takeLessee may make any alterations, in a timely manneradditions, all actions necessary and proper improvements or other changes to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions Tank Farm Assets as may be necessary or useful in connection with the Permitted Use in Lessee’s reasonable discretion (collectively, the “Improvements”), without the prior written consent of Lessor, provided Lessee complies with the requirements of this Lease (including, without limitation, Section 6.3 and this Article 7) with respect thereto. If such Improvements require alterations, additions or improvements to obtain the Premises or any of the Shared Access Facilities, Lessee shall notify Lessor in writing in advance and the parties shall negotiate in good faith any increase to the rental paid by Lessee or otherwise provide for reimbursement of any material increase in cost (if any) to Lessor that result from any modifications to the Premises or the Shared Access Facilities necessary to accommodate the Improvements, or as otherwise mutually agreed by the parties. Notwithstanding the foregoing or any other provision to the contrary contained herein, if there is a Partnership Change in Control, then Lessee shall not be permitted to make any Material Improvements (as defined below), without the prior written consent of Lessor, which may not be unreasonably withheld, conditioned or delayed; provided that Lessor’s consent shall not be required permitshereunder if the Improvements (i) are required by Applicable Law; (ii) are pursuant to Section 14.2 below; or (iii) do not interfere in any material respect with the operations of the Refinery and do not materially increase any of Lessor’s obligations or liabilities under this Lease or any other related agreement. If the Material Improvements cause such interference or materially increase Lessor’s obligations or liabilities under this Lease or any other related agreement, approvals Lessee agrees to indemnify, defend and hold harmless the Lessor Indemnified Parties from and against any Losses resulting from such interference or authorizations from applicable governmental authoritiesthe increase in Lessor’s obligations or liabilities under this Lease or any other related agreement. Any For purposes of this paragraph, the term “Material Improvements” means any Improvements which cost in excess of $15,000,000. If Lessor’s consent is required hereunder, Lessor shall provide written notice to Lessee of Lessor’s acceptance or rejection of any proposed construction or material alteration within thirty (30) days after Lessor’s receipt of the written request for such consent and all cuts adequate written explanation and fillssupporting written information respecting the proposed construction or material alteration. In no way shall Lessee act or represent to any contractor, excavations subcontractor, materialman, supplier or embankments necessary in the laborer that it is acting on behalf of or as agent of Lessor with regard to any construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage repair or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working whatsoever on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep about the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firePremises.
Appears in 1 contract
Improvements. Grantee Prior to the Commencement Date, Landlord shall, at its own expense, construct demising walls and an exterior doorway for Tenant's new entry, as outlined on EXHIBIT B-2 attached hereto. Landlord will submit its plans and specifications for such walls and doorway to Tenant for Tenant's review and approval, which approval will not be unreasonably withheld or delayed. Tenant shall takebe solely responsible for all furnishings required for its entry. All standard or special tenant improvements which are affixed to the Premises, including, but not limited to, any paid for by Landlord, shall at all times be the property of Landlord. Notwithstanding anything in a timely mannerthis Lease to the contrary, however, Tenant improvements such as telephone and computer equipment (except for lines and internal Building wiring) whether or not affixed to the Premises, will remain the property of Tenant. Upon the Expiration Date or sooner termination of the Lease Term, all actions necessary improvements and proper additions to the lawful establishmentPremises made by Tenant shall become the property of Landlord, constructionexcept Tenant may remove Tenant's trade fixtures, operationoffice supplies and movable office furniture and equipment not attached to Building 2 provided: (a) such removal is made prior to the Expiration Date or sooner termination of the Lease Term, (b) no Event of Default (as defined in Section 24 of this Lease) exists at the time of such removal, and maintenance of the Improvements, including (c) Tenant immediately repairs all damage caused by or resulting from such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authoritiesremoval. Any and all cuts and fills, excavations or embankments necessary All other property in the constructionPremises and any alterations or additions thereto (including, maintenancewithout limitation, wall-to-wall carpeting, paneling, wall covering or future alteration of lighting fixtures and apparatus) and any other article affixed to the Improvements shall be made and maintained in such mannerfloor, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill wall or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use ceiling of the Premises shall become the property of Landlord and shall remain upon and be surrendered with the Premises, Tenant hereby waiving all rights to any payment or compensation therefor. If, however, Landlord so requests in writing, Tenant will, prior to the Expiration Date or sooner termination of the Lease Term, remove such alterations, additions, fixtures, equipment and property placed or installed by Grantee Tenant in the Premises as requested by Landlord, and will affect immediately repair any Linesdamage caused by or resulting from such removal to the condition of the Premises prevailing upon the Commencement Date, fencesreasonable wear and tear excepted. If Tenant shall fail to remove any of Tenant's property of any nature whatsoever from the Premises on the Expiration Date, buildingssooner termination of the Lease Term or when Landlord has the right of reentry, improvements Landlord may, at Landlord's option, remove and store said property without liability for loss thereof or other facilities damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall not pay the cost of storing any such property after it has been stored for a period of thirty (collectively30) days or more, "Other Improvements"Landlord may, at Landlord's option, sell, or permit to be sold, any or all of such property at public or private sale (and Landlord may become a purchaser at such sale), Grantee will be responsible at Grantee’s sole risk to locate in such manner and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with places as Landlord in Landlord's sole discretion may deem proper, without notice to Tenant, and shall apply the proceeds of such frequency as sale: first, to comply with Grantee the cost and local laws and regulations and xxxxx expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs or charges for storing any and all hazard such property; third, to the payment of fireany other sums of money which may then be or thereafter become due Landlord from Tenant under any of the terms hereof; and, fourth, the balance, if any, to Tenant.
Appears in 1 contract
Improvements. Grantee shall take, in a timely manner, Tenant represents that all actions necessary and proper improvements to the lawful establishmentAdditional Space shall be completed by Tenant within a reasonable time and Tenant will occupy the Additional Space on or before June 1, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities1999. Tenant further agrees that:
(A) Any and all improvements as the Additional Space shall be constructed at the sole cost and expense of Tenant. Before starting any structural construction whatsoever, Tenant must obtain Landlord's written approval of all building plans, blueprints, contractors to be used and building, roof and floor penetrations and any changes made thereto after approval by Landlord or during construction which approval shall not be unreasonably withheld if the proposed improvements are reasonably related and appropriate to Tenant's business. In particular, Tenant agrees that Tenant shall use the following contractors for all initial construction work competitively priced and performed in the area of their specialty: Centimark for all roof work, Baron Welding Fabricators for curb cuts and fillsXxxx for HVAC work excluding specialty air-conditioning work. Further, excavations Landlord shall have thirty (30) day from receipt by Landlord in writing from Tenant of all complete building plans, blueprints, contractors to be used and a detailed plan of all building, roof and floor penetrations prior to Landlord's giving its approval or embankments necessary rejection and prior to Tenant beginning any construction. Landlord shall have ten (10) days form receipt by Landlord in writing from Tenant of any changes made during construction to approve or reject any such changes; and
(B) Prior to any contractor providing any work on the constructionAdditional Space, maintenance, or future alteration the contractor shall have executed a Stipulation versus Liens in form satisfactory to Landlord and cause it to be filed with the Office of the Improvements Northampton County Prothonotary at Easton, Pennsylvania; and
(C) Tenant shall provide to Landlord evidence that each contractor has at all time adequate workmen's compensation insurance and general liability insurance with companies, coverages and dollar limits satisfactory to Landlord with Landlord named as addition insured, together with a certificate form the insurer to the effect that such insurance may not be canceled or substantially modified without at least thirty (30) days prior written notice to Landlord.
6. Tenant shall pay to Landlord a security deposit consisting of one (1) month's rent for the Additional Space of [*] Dollars upon signing this Addendum which shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from returned within thirty (30) days after the adjoining lands and premises end of the Grantor; term described herein in Section 1 of this Addendum. This security deposit shall not be used as the last month's rent by Tenant and wherever shall be held without interest by Landlord as security for damages to the Additional Space and as security for any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises violation of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises lease by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireTenant.
Appears in 1 contract
Improvements. Grantee shall take10.1 Lessee is under no obligation to make any structural or other alterations, in a timely mannerdecorations, all actions necessary and proper to the lawful establishmentadditions, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenanceimprovements, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities changes (collectively, "Other Improvements")) on or to the Leased Premises.
10.2 If any Improvements are made:
(a) and there is no other reviewing entity, Grantee they will be responsible made after review and written consent by Agrarian, which shall not be unreasonably withheld or delayed. Agrarian shall respond within 60 calendar days and if not, the request shall be deemed to be approved. If improvements are made without the prior written consent of Agrarian, Agrarian shall have the right at Grantee’s sole risk Lessee's expense to locate remove and make any adjustments necessary correct such Improvements and restore the Leased Premises to its condition immediately prior thereto, or to require Lessee to do the same.
(b) and approval is required from a municipal Planning Board, a holder of a Conservation Easement, or similar entity vested with decision-making jurisdiction, Lessee shall seek such Other Improvements. Grantee must contact the owner(s) approval, contemporaneously providing a written copy of the Other request for such approval to Agrarian and then provide Agrarian a copy of the entity’s decision. So long as the entity approves construction of the improvement, and the Lessee has followed the requirements of this subparagraph, Lessee need not obtain approval of Agrarian for construction of the improvement approved by the entity.
10.3 All Improvements notifying them made by Xxxxxx, whether purchased, constructed, or installed, on any part of the Leased Premises at any work that time during this Lease shall become the property of Lessee.
(a) So long as Lessee is not in default under this Lease, Lessee shall have the following rights with respect to Improvements.
(b) Lessee shall have the right, but not the obligation, to remove any non-permanent Improvements, including, arbors, movable sheds, appliances, solar panels, and other structures not anchored permanently to below-grade foundations, and to return the land to its original condition.
(c) Lessee may damage these Other remove permanent Improvements and/or interfere only with their service the prior written consent of Agrarian, which Agrarian in its sole discretion may withhold for reasons related to its organizational purposes.
(d) For all improvements made by Lessee and obtain not removed from the owner’s written approval prior Leased Premises, Lessor shall compensate Lessee for associated costs, less depreciation value within one year after termination of this Lease or on a schedule mutually agreed to so affecting by the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements Parties in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may existwriting. The Grantee agrees to keep Parties shall mutually agree in writing upon the above-described premises free and clear from combustible materials and to cut and remove or cause manner of determining valuation, which may be having a formal appraisal prepared, with costs of that to be cut paid as mutually determined by the Parties.
10.4 At the expiration or earlier termination of the Lease Term, if the Leased Premises is not returned to its original condition or in better condition than its original condition Agrarian shall have the right at Lessee's expense to repair all damage and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal injury to be done at such times and with such frequency as the Leased Premises caused by Improvements or to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firerequire Lessee to do the same.
Appears in 1 contract
Samples: Lease Agreement
Improvements. Grantee (a) Tenant shall takehave the right, at any time and from time to time during the term of this Lease, at its own cost and expense, to demolish the improvements existing on the Demised Premises as of the date of this Lease and to construct on the Demised Premises a one-story building containing approximately 6,000 square feet of floor area (the "Building") and such other structures, parking areas, driveways, walks and other improvements of any nature (including excavation, earthmoving, paving, installation of utilities and all other development activities) pertaining thereto as Tenant in Tenant's sole discretion shall consider appropriate.
(b) All improvements which may be constructed on the Demised Premises by Tenant shall be the property of Tenant during the term hereof and may be changed or altered and any such improvements remaining upon the Demised Premises at the expiration or sooner termination of this Lease shall become a timely manner, all actions necessary part of the realty and proper shall be the property of Landlord without any payment therefor to Tenant other than as provided in Article VI(d) below. Tenant need not restore the lawful establishmentDemised Premises to its former condition following any such demolition, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals change or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements alteration.
(c) Tenant shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at discharged all mechanics or materialmen's liens placed on the Demised Premises on account of the construction of such improvements. Tenant shall require its sole expense all weeds and vegetation on said premises, said work of cutting and removal contractors to be done at carry liability insurance in such times amounts and with such frequency coverages as Tenant shall determine, naming Landlord and Tenant as additional insureds. All improvements (if any) which shall exist on the Demised Premises at any time shall be maintained in reasonably good condition, subject to comply with Grantee fire and local laws casualty and regulations subject in any event to Article VI(a) and xxxxx (b).
(d) If Tenant constructs the Building on the Demised Premises, then upon the expiration of this Lease or its earlier termination for any reason other than pursuant to the provisions of Article XIII (the "Termination Date") and, so long as the Building is in good order, condition and all hazard repair (except for reasonable wear and tear) on the Termination Date, Landlord shall pay to Tenant as full and complete consideration for the Building the sum of fire$300,000.00, payable as follows:
(i) $25,000,00 upon the Termination Date;
(ii) $75,000.00 on the first anniversary of the Termination Date;
(iii) $100,000.00 on the second anniversary of the Termination Date; and
(iv) $100,000.00 on the third anniversary of the Termination Date. The obligation of Landlord to pay the amounts set forth in clauses (ii), (iii) and (iv) above shall be evidenced by a promissory note of Landlord in the principal amount of $275,000.00 made payable to the order of Tenant. The amounts outstanding under the promissory note shall bear interest at an annual rate equal to the "base rate" of The First National Bank of Boston plus two percent (2%), payable monthly in arrears, provided that interest shall not commence to accrue until eighteen months following the Termination Date. All amounts outstanding under the promissory note shall become immediately due and payable in full upon the sale or transfer of the Demised Premises or the grant of any mortgage of the Demised Premises.
Appears in 1 contract
Samples: Ground Lease (Biopure Corp)
Improvements. Grantee None. Tenant accepts the Premises in the condition existing as of the Effective Date. All other improvements, alterations and additions to the Premises desired by Tenant shall takebe made only at Tenant's expense, in a timely mannergood and workmanlike manner and in accordance with plans and specifications which have been previously approved in writing by the Landlord and shall comply with all applicable statues, ordinances, regulations and codes. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations and/or Landlord's approval of Tenant's plans for Landlord's work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all actions necessary laws, rules and proper regulations of governmental agencies or authorities. Landlord reserves the right to the lawful establishment, construction, operationapprove Tenant's contractor, and maintenance of the Improvementsto require adequate lien waivers, including such actions as may be necessary to obtain any required bonds, permits, approvals or authorizations from applicable governmental authoritieslicenses and insurance. Any and all cuts work performed by Tenant or its contractors shall be with workmen and fillscontractors approved in advance in writing by Landlord and shall be performed in a manner and upon terms and conditions satisfactory to and approved in advance in writing by Landlord. Prior to and at all times during the performance of the work by any of Tenant's contractors or subcontractors, excavations or embankments necessary Tenant shall require such contractors to provide insurance coverage reasonably satisfactory to Landlord. Tenant shall require that such contractors' Workers' Compensation Insurance and Commercial General Liability Insurance shall be endorsed specifically to name Landlord, its Affiliates and Agents as Additional Insured parties.. Evidence of such specific endorsements shall be furnished to Landlord prior to commencement of any such work in the constructionDemised Premises. Tenant shall not make any alterations, maintenancerepair or installation, or future alteration perform any other work to or in the Premises unless prior to the commencement thereof Tenant's contractor shall have furnished to Landlord evidence of public liability and workmen's compensation insurance to cover every contractor to be employed and shall deliver duplicate originals or certificates of the Improvements policies to Landlord which certificates shall name Landlord, its agent and property manager as additional insureds. The policies shall be non-cancelable without ten (10) days notice to Landlord and shall be carried with companies, and in coverage limits, reasonably satisfactory to Landlord. All improvements and additions made by or for the Tenant and maintained permanently attached to the Premises, including without limitation all partitions, carpets, lighting fixtures, doors, hardware, shelves, cabinets and ceilings, shall remain in such mannerthe Premises and shall be surrendered to Landlord at the Expiration Date or earlier termination of this Lease, form and extent as will provide adequate drainage of and from unless the adjoining lands and premises Landlord, by notice given to the Tenant no later than thirty (30) days prior to the end of the Grantor; and wherever any term, shall elect to have the Tenant remove such fill alterations, additions, or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainageimprovements, and Tenant shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, thereupon accomplish such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed removal at its sole expense all weeds cost and vegetation on said premises, said work of cutting and removal repair any damage to be done at the Premises caused by such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireremoval.
Appears in 1 contract
Samples: Single Tenant Building Lease Agreement (Arotech Corp)
Improvements. Grantee (a) Certain improvements shall take, be constructed in a timely mannerthe Premises according to the space plan attached hereto as Exhibit B (the "Space Improvements") for the purpose of initially preparing the Premises for occupancy by Tenant, all actions to be paid for as provided in subsection (B) of this section below. Such Space Improvements shall be constructed by Tenant and in accordance with the following procedures:
(i) Tenant will engage an architect to prepare plans and specifications of the Space Improvements who shall be reasonably approved by Landlord. Such plans and specifications shall be submitted to Landlord within twenty-one (21) days after the date hereof, and Landlord shall review and either approve or notify Tenant of proposed changes thereto within seven (7) days after receiving same. If no response is forthcoming from Landlord within this seven (7) day period, such plans shall be deemed approved. Tenant shall make any changes to such plans reasonably (and timely) requested by Landlord and necessary to make the plans and proper specifications conform to Exhibit B.
(ii) Promptly after the plans and specifications have been finalized, Tenant shall solicit bids and enter into written contracts with a contractor or contractors for the construction of such improvements and with other professionals for appropriate services in connection therewith. The contractor(s) and professional(s) so engaged by Tenant, and the respective contracts between such parties and Tenant, shall be subject to Landlord's prior written approval which shall not be unreasonably withheld. Additionally, each of Tenant's contract(s) with contractor(s) shall provide for, at minimum, a retainage or holdback of 10% of the total cost of the contract until completion of the work and the submittal of final lien waivers.
(iii) Prior to commencing construction, Tenant shall obtain all building and other permits or licenses required by law for the work, and promptly after completion of such work, Tenant shall procure a certificate of occupancy (or other customary occupancy permits issued by the Village of Schaumburg) for the Premises from the applicable governmental authorities.
(iv) All such construction shall be overseen by Landlord through its construction manager, whose services shall be paid for by Landlord. Tenant shall at all times permit Landlord and its construction manager to inspect the Premises and the Tenant's improvement work during construction.
(v) Landlord and its agents and contractors shall have the right to enter the Premises prior to the lawful establishmentCommencement Date for purposes of installing and constructing a fire sprinkler system throughout the Premises and a handicap accessible uni-sex restroom in the Premises, constructionprovided that in doing so such parties shall not interfere with Tenant or its contractors constructing the Space Improvements. The Commencement Date shall not be deemed to occur upon such entry unless Tenant begins commencing its normal business operations within the Premises.
(b) All costs and expenses of designing and constructing the Space Improvements described in subsection (A) above shall be paid as follows:
(i) Landlord shall provide and pay an allowance (the "Allowance") of $17.00 per square foot of the Premises towards (i) the costs of designing the space plan in Exhibit B and all of the plans and specifications for the Space Improvements, operationarchitect's fees and engineer's fees, (ii) the cost of demolishing any existing improvements in the Premises, and maintenance (iii) the costs of constructing the Space Improvements, including but not limited to all fees, costs and expenses paid under construction contracts and subcontracts, construction managers' fees, costs and expenses, the costs of materials, supplies, permits and other item, and any other out-of-pocket expenditures incurred in any connection with such actions as construction. Tenant may be necessary convert up to obtain $5.00 of the Allowance for permanent, non-personal items, including but not limited to cabling or communication installment costs, or moving costs; provided, however, that such amount may not be-converted to cash or used to pay any required permitsBase Rent, approvals Operating Expenses or authorizations from applicable governmental authoritiesReal Estate Taxes. Any Tenant shall pay any and all cuts costs of designing and fillsconstructing the Space Improvements which are in excess of the Allowance.
(ii) Tenant shall pay all amounts by which the total costs of designing and constructing the Space Improvements exceeds the Allowance.
(iii) Landlord shall disburse the Allowance in portions (but not more frequently than once every fourteen (14) days) to pay for completed work, excavations and to either (i) Tenant upon presentation of proof of payment by Tenant to the professionals, contractors or embankments necessary in the construction, maintenanceother parties perform work, or future alteration (ii) directly to the professionals, contractors and other parties performing the work, upon presentation for each disbursement of (a) a requisition substantially in form the form of AIA Requisition Forms G702 and G703, including a description of all completed work for which payment is requested, the amount requested with a breakdown by each trade comprising the work and the percentage of the Improvements entire project completed after taking into account all such work (b) an owner's sworn statement and contractors' sworn statements in form satisfying all statutory requirements and (c) partial lien waivers from all parties for whom such payment is requested releasing all liens which may arise on account of the work performed by such parties to the date of the request for payment. Withheld from each disbursement shall be made the applicable retainage, not to be less than 10% as provided as provided hereinabove, which retainage shall be paid and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises disbursed upon (i) completion of the Grantor; and wherever any such fill or embankment shall or may obstruct Space Improvements as required by the natural and pre-existing drainage from such lands and premises applicable contracts - (ii) delivery of unconditional final lien waivers as described above for all work comprising the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainageimprovements, and shall also wherever necessary, construct extensions (iii)- issuance of existing drains, culverts or ditches through or along the premises a certificate of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage occupancy or other waters, and of materials and workmanship equally as good as those now existing. In applicable approval by the event any construction, repair, maintenance, work or other use local authorities permitting occupancy of the Premises by Grantee will affect any LinesTenant for business.
(c) Tenant shall use commercially reasonable efforts to complete such improvements on or before June 1, fences1999, buildings, improvements but Tenant shall have no liability to the Landlord hereunder (for a period of time up to ninety (90) days) if prevented from doing so due to strike or other facilities labor troubles, governmental restrictions, failure or shortage of utility service, national or local emergency, accident, flood, fire or other casualty, adverse weather condition, other act of God, inability to obtain a building permit or a certificate of occupancy, or any other cause beyond the Tenant's reasonable control. In such event, the Commencement Date and Expiration Dates shall be postponed for a period equaling the length of such delay or, if the delay continues for ninety (collectively90) days, "Other Improvements")for ninety (90) days, Grantee will be responsible at Grantee’s sole risk whichever date is earlier. However, if any delay in completion of the Space Improvements or in delivering possession of the Premises to locate and make any adjustments necessary Tenant are caused by Landlord, including but not limited to such Other Improvements. Grantee must contact the owner(sfailure of Landlord to timely respond to submissions by Tenant under subsection (A) of this section above, the Other Improvements notifying them Commencement Date and the Expiration Date shall be postponed for a period equaling the length of any work that may damage these Other Improvements and/or interfere with their service such delay and obtain Tenant shall receive a rent abatement, following the owner’s written approval prior Commencement Date, equal to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx number of days of such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firedelay.
Appears in 1 contract
Samples: Office Lease Agreement (American Pharmaceutical Partners Inc /Ca/)
Improvements. Grantee shall takeTenant or Subtenant may, in compliance with all applicable laws, ordinances and regulations, develop the Premises, and may erect improvements on the Premises, for any lawful uses and purposes, and may alter, add to, reconstruct, remodel or demolish as often as and whenever Tenant or Subtenant deems proper or desirable any of the improvements now existing or hereafter constructed on the Premises, and may devote the same for any lawful uses and purposes. Landlord shall not be responsible for, and Tenant shall pay all costs, expenses and liabilities arising out of or in any way connected with, such improvements, alterations, additions or other changes made by Tenant. Tenant shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Tenant as such obligations mature. Tenant expressly agrees that it will neither give nor grant, nor purport to give or grant, any mechanic’s or materialmen’s lien upon the Premises or upon any improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a timely mannermatter of law, all actions necessary to a xxxxxx mechanic’s or materialmen’s lien against the Premises or improvements thereon, and proper Tenant will discharge any such lien within thirty (30) days’ notice of filing thereof, including without limitation materialmen’s and mechanic’s liens. Tenant covenants and agrees that Landlord shall not be called upon, or be obligated to make, any improvements, alterations or repairs whatsoever in or about the Premises, and Landlord shall not be liable or accountable for any damages to the lawful establishmentPremises or any property located thereon. Title to all improvements constructed on the Premises shall vest in Landlord throughout the Term but shall be deemed leased back to Tenant under this Lease. If Tenant or Subtenant now or hereafter physically attaches any fixtures, constructionequipment or other items to the Premises, operation, and maintenance of the Improvements, including such actions as items may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and removed from the adjoining lands and premises of the Grantor; and wherever Premises at any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval time prior to so affecting or upon the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on expiration or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work termination of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firethis Lease.
Appears in 1 contract
Samples: Contract of Sale
Improvements. Grantee shall take, in a timely manner, Tenant represents that all actions necessary and proper improvements to the lawful establishmentSecond Additional Space shall be completed by Tenant within a reasonable time and Tenant will occupy the Second Additional Space on or before December 31, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities1999. Tenant further agrees that:
(A) Any and all improvements as to the Second Additional Space shall be constructed at the sole cost and expense of Tenant. Before starting any structural construction whatsoever, Tenant must obtain Landlord's written approval of all building plans, blueprints, contractors to be used and building, roof and floor penetrations and any changes made thereto after approval by Landlord or during construction which approval shall not be unreasonably withheld if the proposed improvements are reasonably related and appropriate to Tenant's business. In particular, Tenant agrees that Tenant shall use the following contractors for all initial construction work competitively priced and performed in the area of their specialty: Centimark for all roof work, Baron Welding Fabricators for curb cuts and fillsXxxx for HVAC work excluding specialty air-conditioning work. Further, excavations Landlord shall have thirty (30) days from receipt by Landlord in writing from Tenant of all complete building plans, blueprints, contractors to be used and a detailed plan of all building, roof and floor penetrations prior to Landlord's giving its approval or embankments necessary rejection and prior to Tenant beginning any construction. Landlord shall have ten (10) days from receipt by Landlord in writing from Tenant of any changes made during construction to approve or reject any such changes; and
(B) Prior to any contractor providing any work on the constructionSecond Additional Space, maintenance, or future alteration the contractor shall have executed a Stipulation versus Liens in form satisfactory to Landlord and cause it to be filed with the Office of the Improvements Northampton County Prothonotary at Easton, Pennsylvania; and
(C) Tenant shall provide to Landlord evidence that each contractor has at all times adequate workmen's compensation insurance and general liability insurance with companies, coverages and dollar limits satisfactory to Landlord with Landlord named as an additional insured, together with a certificate from the insurer to the effect that such insurance may not be canceled or substantially modified without at least thirty (30) days prior written notice to Landlord.
6. Tenant shall pay to Landlord a security deposit consisting of one (1) month's rent for the Second Additional Space of [*] Dollars upon signing this Second Addendum which shall be made [*] We are seeking confidential treatment of these terms, which have been omitted. The confidential portion has been filed separately with the Securities and maintained in such manner, form and extent as will provide adequate drainage of and from Exchange Commission. returned within thirty (30) days after the adjoining lands and premises end of the Grantor; term described herein in Section I of this Second Addendum. This security deposit shall not be used as the last month's rent by Tenant and wherever shall be held without interest by Landlord as security for damages to the Second Additional Space and as security for any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises violation of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises lease by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireTenant.
Appears in 1 contract
Improvements. Grantee Tenant shall takeimprove the Premises in accordance with plans and specifications approved in advance by Landlord (the “Plans”), in a timely mannerwhich approval shall not be unreasonably withheld or delayed (such improvements are referred to herein as the (“Improvements”). Tenant shall perform the Improvements at its own cost, all actions necessary and proper subject to the lawful establishmentLandlord’s Contribution (hereinafter defined). Tenant shall cause the Plans to be prepared, constructionat Tenant’s cost. Tenant shall cause any plans for any mechanical, operation, electrical and maintenance plumbing work to be prepared by Landlord’s engineers. Tenant shall furnish the initial draft of the ImprovementsPlans to Landlord for its review and approval. Landlord shall within seven (7) days after receipt either provide comments to such Plans or approve the same and Xxxxxxxx’s failure to timely respond shall be deemed approval. If Landlord provides Tenant with comments to the initial draft of the Plans, including Tenant shall provide revised Plans to Landlord incorporating Landlord’s comments within seven (7) days after receipt of Landlord’s comments. Landlord shall within seven (7) days after receipt then either provide comments to such actions as may revised Plans or approve such Plans. The process described above shall be necessary repeated, if necessary, until the Plans have been finally approved by Landlord. The Improvements shall be performed by a contractor (the “Contractor”) reasonably acceptable to obtain Landlord, which approval shall not be unreasonably withheld or delayed. Tenant hereby agrees that the Plans for the Improvements shall comply with all applicable laws and regulations. Xxxxxxxx’s approval of any required permits, approvals of the Plans (or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations any modifications or embankments necessary in changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to the construction, maintenance, or future alteration design of the Improvements or the compliance of such Improvements or the Plans with applicable laws and regulations. All Improvements shall be made constructed in a good and maintained workmanlike manner, and only good grades of material shall be used. All Improvements shall be performed in such manner, form a fashion and extent by such means as will provide adequate drainage of and from necessary to maintain a professional work environment in the adjoining lands and premises of areas surrounding the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions space to be of adequate sectional dimensions to preserve improved. Tenant shall only use labor that will work in peace and harmony with other contractors and workers serving the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In Building in constructing the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or Tenant shall avoid actions which interfere with their service or delay the activities of other contractors serving the Building and obtain the owner’s written approval prior other tenants. Tenant shall permit Landlord to so affecting the Other observe and monitor all Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.
Appears in 1 contract
Improvements. Grantee shall takeTenant or Subtenant may, in compliance with all applicable laws, ordinances and regulations, develop the Premises, and may erect buildings and other improvements on the Premises, for any lawful uses and purposes, and may alter, add to, reconstruct, remodel or demolish as often as and whenever Tenant or Subtenant deems proper or desirable any of the improvements now existing or hereafter constructed on the Premises, and may devote the same for any lawful uses and purposes. Landlord shall not be responsible for, and Tenant shall pay all costs, expenses and liabilities arising out of or in any way connected with, such improvements, alterations, additions or other changes made by Tenant. Tenant shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Tenant as such obligations mature. Tenant expressly agrees that it will neither give nor grant, nor purport to give or grant, any mechanic's or materialmen's lien upon the Premises or upon any improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a timely mannermatter of law, all actions necessary to a xxxxxx mechanic's or materialmen's lien against the Premises or improvements thereon, and proper Tenant will discharge any such lien within thirty (30) days' notice of filing thereof, including without limitation materialmen's and mechanic's liens. Tenant covenants and agrees that Landlord shall not be called upon, or be obligated to make, any improvements, alterations or repairs whatsoever in or about the Premises, and Landlord shall not be liable or accountable for any damages to the lawful establishmentPremises or any property located thereon. Title to all improvements constructed on the Premises shall vest in Landlord throughout the Term. If Tenant or Subtenant now or hereafter physically attaches any fixtures, constructionequipment or other items to the Premises, operation, and maintenance of the Improvements, including such actions as items may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and removed from the adjoining lands and premises Premises upon the expiration or termination of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firethis Lease.
Appears in 1 contract
Samples: Contract of Sale
Improvements. Grantee shall takeLessee may make any alterations, in a timely manneradditions, all actions necessary and proper improvements or other changes to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions Tank Farm Assets as may be necessary or useful in connection with the Permitted Use in Lessee’s reasonable discretion (collectively, the “Improvements”), without the prior written consent of Lessor, provided Lessee complies with the requirements of this Lease (including, without limitation, Section 6.3 and this Article 7) with respect thereto. If such Improvements require alterations, additions or improvements to obtain the Premises or any of the Shared Access Facilities, Lessee shall notify Lessor in writing in advance and the parties shall negotiate in good faith any increase to the rental paid by Lessee or otherwise provide for reimbursement of any material increase in cost (if any) to Lessor that result from any modifications to the Premises or the Shared Access Facilities necessary to accommodate the Improvements, or as otherwise mutually agreed by the parties. Notwithstanding the foregoing or any other provision to the contrary contained herein, if there is a Partnership Change in Control, then Lessee shall not be permitted to make any Material Improvements (as defined below), without the prior written consent of Lessor, which may not be unreasonably withheld, conditioned or delayed; provided that Lessor’s consent shall not be required permitshereunder if the Improvements (i) are required by Applicable Law, approvals (ii) are pursuant to Section 14.2 below, or authorizations (iii) do not interfere in any material respect with the operations of the Refinery and do not materially increase any of Lessor’s obligations or liabilities under this Lease or any other related agreement. If the Material Improvements cause such interference or materially increase Lessor’s obligations or liabilities under this Lease or any other related agreement, Lessee agrees to indemnify, defend and hold harmless the Lessor Indemnified Parties from applicable governmental authoritiesand against any Losses resulting from such interference or the increase in Lessor’s obligations or liabilities under this Lease or any other related agreement. Any For purposes of this paragraph, the term “Material Improvements” mean any Improvements which cost in excess of $15,000,000. If Lessor’s consent is required hereunder, Lessor shall provide written notice to Lessee of Lessor’s acceptance or rejection of any proposed construction or material alteration within thirty (30) days after Lessor’s receipt of the written request for such consent and all cuts adequate written explanation and fillssupporting written information respecting the proposed construction or material alteration. In no way shall Lessee act or represent to any contractor, excavations subcontractor, materialman, supplier or embankments necessary in the laborer that it is acting on behalf of or as agent of Lessor with regard to any construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage repair or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working whatsoever on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep about the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firePremises.
Appears in 1 contract
Improvements. Grantee shall takeAll improvements, changes and alterations made by or on behalf of Tenant in a timely manner, all actions necessary and proper and/or to the lawful establishmentDemised Premises shall, constructionupon installation, operationbecome the property of Owner and shall be surrendered by Tenant to Owner at the expiration or sooner termination of the term of this Lease, except for items of personality not affixed to the realty and Tenant's trade fixtures, which shall at all times he property of Tenant. If any security interest, chattel mortgage or other lien or encumbrance shall attach to the Tenant's Initial Improvements or any change, improvement or alteration thereto, Tenant will, at Tenant's sole cost and expense, promptly cause same to be released of record within thirty (30) days after notice of the attachment thereof, failing which Owner may cause same to be released by payment, bond or otherwise, as Owner may elect, and maintenance Tenant will reimburse Owner for all reasonable costs and expenses incidental to the removal of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill lien, security interest, chattel mortgage or embankment other lien or encumbrance, incurred by Owner. Upon failure of Tenant to so reimburse Owner at its option shall or may obstruct become Owner thereof. Tenant further covenants and agrees that, prior to opening for business at the natural and pre-existing drainage from such lands and premises of the GrantorDemised Premises, the Grantee shall construct entire cost of all changes, improvements and maintain such culverts alterations made by or drains as may on behalf of Tenant at Tenant's expense will be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existingfully paid for. In the event any constructionTenant purchases furnishings or equipment far the premises on installment or under a conditional sales agreement, repairTenant will provide in such installment or conditional sale agreement, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber opticevent of Tenants default, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed Owner at its sole expense all weeds option shall be entitled to have an assignment of Tenant's interest in said furnishings or equipment, it being intended that Tenant may not remove any leased improvements if Owner elects to pay the debt and vegetation on said premises, said work assume an assignment of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireTenant's interest.
Appears in 1 contract
Samples: Lease Agreement (Ask Jeeves Inc)
Improvements. Grantee shall take6.1 The Co-Locator has the right to construct, in a timely mannermaintain, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any constructioninstall, repair, maintenancesecure, replace, remove and operate on the Site radio communications facilities, including but not limited to utility lines, transmission lines, ice bridge(s), an air conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and structures therefore (the “Co-Locator Facilities”), which have been expressly approved by the Program Manager. In connection therewith, the Co-Locator has the right to do all work or other use necessary to prepare, add, maintain and alter the Site for the Co-Locator ’s communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers which have been expressly approved by the Program Manager to the Occupied Locations. All of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will Co-Locator’s construction and installation work shall be responsible performed at Granteethe Co-Locator’s sole risk cost and expense and in a good and workmanlike manner. The Co-Locator has the right to locate remove the Co-Locator Facilities at its sole expense on or before the expiration or earlier termination of this SOA, and make the Co- Locator shall repair any adjustments necessary damage to the Site caused by such Other Improvementsremoval. Grantee must contact Upon the owner(s) expiration or earlier termination of this SOA, the Other Improvements notifying them Co-Locator shall remove the Co-Locator Facilities from the Site.
6.2 Prior to the commencement of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in Site by or for the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber opticbenefit of the Co- Locator, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove Program Manager shall perform or cause to be cut performed a structural analysis or require a professional engineer’s certified letter to determine the availability of capacity at any Occupied Location for the installation or modification of approved equipment and/or additional equipment by the Co-Locator. The Co-Locator agrees to remit payment to the Program Manager for all reasonable costs and removed expenses incurred by the Program Manager for such structural analysis or professional engineer’s certified letter (the
6.3 Prior to the execution of this SOA or any further changes and/or additions to the Co-Locator Facilities on the Occupied Location, the Program Manger shall evaluate the possibility of interference to such use at its sole expense the Occupied Location including without limitation from all weeds current existing uses of the Occupied Location and vegetation on said premises, said work from areas off the Occupied Location. Cost for evaluation and obtaining report of cutting and removal to interference study shall be done at such times and with such frequency as to paid by the Co-Locator. The Co-Locator must comply with Grantee any site-specific limitations imposed by the Commonwealth as described in Exhibit C attached hereto. If the Co-Locator cannot occupy the Occupied Location without interference to Commonwealth equipment or otherwise violate the requirements of Exhibit C, and local laws the Program Manager and regulations and xxxxx any and all hazard of firethe Co-Locator cannot otherwise reach an agreement regarding a modification to alleviate such interference or violation at the Co-Locator’s cost, then the Co-Locator may terminate this SOA upon written notice to the Program Manager.
Appears in 1 contract
Samples: Site Occupancy Agreement
Improvements. Grantee (a) Authority shall takehave no obligation to renew, repair or replace any inadequate, obsolete, worn-out, unsuitable, undesirable or unnecessary Buildings included in the Premises. Tenant shall have the right during the Term, at its expense, (i) to repair, improve, remodel and renovate such Buildings and other improvements on the Premises, wholly within the boundary lines thereof, in a timely manneraccordance with plans and specifications approved in advance by Authority, which consent will not be unreasonably withheld, conditioned or delayed, and in compliance with all applicable requirements of the FAA (including its regulation entitled “Objects Affecting Navigable Airspace,” 14 C.F.R. Part 77 (the “Navigable Airspace Regulation”)), all actions necessary applicable building codes and proper all applicable federal, state or local laws, rules and regulations, and (ii) to install its own furnishings, equipment, machinery and other personal property in the Premises (which shall not become part of the Premises) or to attach fixtures or structures on the Premises. So long as no Event of Default shall have occurred and be continuing, Tenant may remove at its own expense from time to time, including upon the expiration of the Term and within a reasonable period of time thereafter, any of its furnishings, equipment, machinery, other personal property or trade fixtures added by it which do not constitute part of the Premises; provided, however, that such removal shall be accomplished so as to leave the Premises, except for ordinary wear and tear, in substantially the same condition as it was before Tenant’s furnishings, equipment, machinery or fixtures were added to it, and that Tenant shall promptly repair at its expense any damage to the lawful establishmentPremises caused by such removal. If Tenant fails or neglects to so remove all or any portion of such property upon or prior to the expiration of the Term, constructionAuthority, operationat its sole option, may either remove and dispose of such property and charge the cost of such removal and disposal to Tenant, which cost Tenant hereby agrees to pay, or consider the same to be abandoned and take title thereto without any consideration therefor to Tenant. Except as provided in the immediately preceding sentence, all furnishings, equipment, machinery and other personal property installed by Tenant pursuant to this Section shall remain the sole property of Tenant in which Authority shall have no interest, and maintenance shall be subject to any landlord’s lien as may now or hereafter be provided by the laws of the ImprovementsState of Tennessee, including as the same may be amended from time to time.
(b) Without limiting the generality of Section 3.01(a), Tenant shall have the right to install, maintain and operate in or upon the Premises such actions aviation radio, communications, meteorological and aerial navigation equipment and facilities as may be necessary or convenient in its opinion for its operations at the Premises, subject to obtain any required permitsthe prior written consent (which consent shall not be unreasonably withheld) of Authority as to the location, approvals manner or authorizations from applicable governmental authoritiesinstallation and type thereof. Any Such equipment and all cuts and fillsfacilities may be located without additional charge or fee in or upon the Premises, excavations or embankments necessary in the constructionor, maintenance, or future alteration upon payment of the Improvements shall be made and maintained in applicable rent for such mannerlocation, form and extent as will provide adequate drainage of and from at any other locations on the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the GrantorAirport, the Grantee shall construct and maintain such culverts or drains as may be requisite requested by Tenant and consented to preserve by Authority, which consent shall not be unreasonably withheld. Also without limiting the generality of the foregoing provisions of this Section, Tenant shall have the right to install and operate upon the Premises advertising signs representing its business, which signs shall be substantially uniform in size, general nature and location with those of other companies engaged in air and space commerce at the Airport; provided that Tenant shall comply with all rules and regulations of the FAA or other Governmental Authorities having jurisdiction over the Airport (including the Airport Rules and Regulations) as to the lighting, height and other features of such natural signs. The number, size, design and pre-existing drainagelocation of all such signs shall be subject to the prior approval of Authority, and which approval shall not be unreasonably withheld. Upon the expiration of the Term, Tenant, if requested by Authority, shall also wherever necessaryobliterate or paint out any and all advertising signs, construct extensions of existing drains, culverts or ditches through or along posts and similar devices placed by Tenant on the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existingPremises. In the event of Tenant’s failure so to obliterate or paint out each and every sign, poster and similar device so requested by Authority, Authority may perform such necessary work and Tenant shall pay the cost thereof upon demand to Authority.
(c) Tenant hereby covenants that it will not conduct or permit to be conducted any constructionactivity on the Premises, repairor construct any building, maintenancestructure or improvement or create any natural object on the Premises, work which would interfere with or be a hazard to the flight of aircraft either to or from the Airport, or interfere with air navigation and communication facilities serving the Airport. Tenant may make interior alterations (structural or otherwise), minor exterior alterations and changes, decorations and minor additions to the Premises without Authority’s prior written consent as long as it does not materially change previously approved structural improvements or violate the terms and conditions of the Navigable Airspace Regulation. All repairs, improvements and alterations made by or at the direction or for the benefit of Tenant on or to the Premises shall be performed in a good and workmanlike manner and in compliance with all applicable building codes and zoning laws and requirements of the FAA.
(d) Tenant shall also have the right during the Term, at its sole cost and expense and subject to Authority’s and the FAA’s prior written consent, to expand or modify Tenant’s air cargo operation facility, offices, aircraft parking apron, and aircraft fueling stations, and other related facilities located on the Premises.
(e) Tenant shall also have the right during the Term to make at its expense improvements, alterations or modifications of the Premises, which shall become part of the Premises; provided that such improvements, alterations or modifications are all deemed necessary or beneficial by Tenant for the use of the Premises, do not impair the Premises or adversely affect the structural integrity thereof, do not diminish the rental value or operating efficiency thereof, and are made wholly within the boundary lines of the Premises, in accordance with plans and specifications approved in advance by Grantee Authority, which consent will affect any Linesnot be unreasonably withheld, fencesconditioned or delayed, buildings, improvements or other facilities and in compliance with all applicable requirements of the FAA (collectively, "Other Improvements"including the Navigable Airspace Regulation), Grantee will be responsible at Grantee’s sole risk to locate all applicable building codes and make any adjustments necessary to such Other Improvements. Grantee must contact all applicable federal, state or local laws, rules and regulations.
(f) Upon the owner(s) expiration of the Other Improvements notifying them Term, by lapse of time or otherwise, the Premises, as constituted at the time, shall be and thereafter remain the property of Authority without requirement of the payment of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on compensation or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireconsideration by it.
Appears in 1 contract
Improvements. Grantee The Tenant will not make any repairs, alterations, replacements, decorations or improvements to any part of the Leased Premises without first obtaining the Landlord’s prior written approval such approval not to be unreasonably withheld. The Tenant shall takesubmit to the Landlord details of the proposed work, such indemnification against liens, costs, damages and expenses as the Landlord shall require and evidence satisfactory to the Landlord that the Tenant has obtained, at its sole expense, all necessary consents, licences and approvals from all governmental authorities having jurisdiction. All such repairs, replacements, alterations, decorations or improvements made by the Tenant to the Leased Premises and approved of by the Landlord shall be at the sole cost of the Tenant, shall be performed by competent workmen in a timely manner, all actions necessary good and proper workmanlike manner and shall be subject to the lawful establishment, construction, operation, and maintenance reasonable supervision of the ImprovementsLandlord. In particular, including but without limiting the foregoing, the Tenant’s selection of an electrical or mechanical contractor shall be subject to the written approval of the Landlord, which approval shall not be unreasonably withheld. Any such actions repairs, replacements, alterations, decorations or improvements made by the Tenant without the prior written consent of the Landlord, or, which are not in accordance with the drawings and specifications approved by the Landlord, as aforesaid, shall, if requested by the Landlord, be promptly removed by the Tenant at its expense and the Leased Premises restored to their previous condition. Notwithstanding anything herein contained, no repair, replacement, alteration, addition, or improvement to the Leased Premises by or on behalf of the Tenant shall be permitted which may be necessary to obtain any required permitsweaken or endanger the structure or adversely affect the condition or operation of the Leased Premises or the Building or diminish the value thereof, approvals or authorizations from applicable governmental authoritiesrestrict or reduce the Landlord’s coverage for zoning purposes. Any and all cuts and fillsrepairs, excavations replacements, alterations, additions or embankments necessary in improvements to the construction, maintenance, or future alteration Leased Premises which may affect the structure of the Improvements Leased Premises or any part of the Building or which are to be installed outside the Leased Premises, shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from performed only by the adjoining lands and premises of Landlord at the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at GranteeTenant’s sole risk to locate cost and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireexpense.
Appears in 1 contract
Samples: Lease Agreement (Eloqua, Inc.)
Improvements. Grantee (a) All Improvements shall takeimmediately upon installation become the absolute property of Landlord, in a timely mannerfree and clear of any liens or encumbrances. Subject to subsections 4.2(b) and (c), upon the expiry or earlier termination of this Lease, all actions necessary Improvements shall remain upon and proper be surrendered with the Premises as a part thereof without disturbance, molestation or injury and the same and any Tenant Equipment not removed by Tenant are the property of Landlord absolutely, free of any liens or encumbrances and without payment therefor to Tenant. In addition, Landlord will be entitled to all depreciation deductions, investment tax credits, deductions for taxes (other than Taxes paid by Tenant) and any other tax advantages resulting from the lawful establishment, construction, operation, and maintenance ownership of the Improvements.
(b) Landlord may, including by notice to Tenant prior to or promptly after the expiry or earlier termination of this Lease, require the removal forthwith, at the expense of Tenant, of any or all of Tenant Equipment, Tenant’s other personal property and/or leasehold improvements and the repair forthwith of any damage to the Premises caused by such actions as may removal, such work to be necessary done forthwith by or at the direction of Landlord and at the expense of Tenant. If such notice is given prior to obtain the expiry or earlier termination of this Lease, such removal and repair shall be completed by such expiry or earlier termination.
(c) Provided Tenant has paid the Rent hereby reserved and performed and observed all the covenants and conditions herein contained, Tenant shall have, at the expiry or earlier termination of this Lease, the right to remove Tenant Equipment and Tenant’s other personal property, provided that Tenant repairs by the expiry or earlier termination of this Lease, at its own expense, any required permitsdamage to the Premises caused by such removal, approvals such work to be done by or authorizations from applicable governmental authorities. Any at the direction of Landlord and all cuts at the expense of Tenant.
(d) Tenant acknowledges and fills, excavations or embankments necessary agrees that in the constructionevent that any Tenant Equipment or other personal property remains in the Premises after the expiry or earlier termination of this Lease, maintenanceany such items may, at the option of Landlord and without obligation to compensate or future alteration reimburse Tenant, become the property of Landlord and Landlord may, in its sole discretion and without notice to Tenant, arrange for the Improvements removal and/or sale of such items and the proceeds of such sale after deducting all costs in connection therewith shall be made and maintained applied towards any arrears of Rent owing by Tenant. All costs in such mannerconnection therewith, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage not recovered from such lands sale shall be borne by Tenant in their entirety. The cost of removing and premises disposing of the Grantor, the Grantee shall construct such property and maintain such culverts or drains as may be requisite repairing any damage to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises caused by Grantee will affect any Lines, fences, buildings, improvements such removal (together with interest at the Default Rate from the date of removal) shall be paid by Tenant to Landlord upon demand. Tenant acknowledges and agrees that such removal and/or sale shall not constitute distraint of such items.
(e) The provisions of this Section 4.2 shall survive the expiration or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) termination of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireTerm.
Appears in 1 contract
Samples: Lease (CUI Global, Inc.)
Improvements. Grantee Permittee shall takenot construct or place any temporary or permanent structures, fixtures or improvements in, on, under or about the Permit Area, nor shall Permittee make any alterations or additions to any of existing structures, fixtures or improvements on the Permit Area, unless Permittee first obtains City’s prior written consent, which City may give or withhold in its sole and absolute discretion. Any improvements constructed on or affixed to the Permit Area or fixtures installed, by or on behalf of Permittee shall be at the Permitte’s sole expense (i) in strict accordance with designs, plans and specifications approved in advance by the General Manger in writing, (ii) by duly licensed and bonded contractors or mechanics approved by the Department, (iii) in a timely good and professional manner, (iv) in strict compliance with all actions necessary Laws (including, without limitation, all health, disabled access and proper building codes and ordinances), and (v) subject to all other conditions that the Department may reasonably impose, including, without limitation, provision of such completion security as is acceptable to City. In no event shall the construction or installation of any such Improvements or the making of any Alterations impair the use or operation of Department Facilities (if any), or any portion thereof, or the Department's access thereto. Prior to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them commencement of any work that may damage these Other to the Permit Area to construct any permitted Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if make any Other Improvements (fiber opticpermitted Alterations, cablePermittee, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense expense, shall procure all weeds required permits and vegetation approvals and shall promptly upon receipt deliver copies of all such documents to City. No material change from the plans and specifications approved by City may be made without City’s prior written consent. City and its Agents shall have the right to inspect the course of such construction at all times. Upon completion of such Improvements or Alterations, Lessee shall furnish City with a complete set of final as-built plans and specifications. Upon the Expiration Date or any earlier termination of this Permit, Permittee shall, upon City’s request, remove all such improvements from Permit Area in accordance with the provisions of Section 15 below, unless City, at its sole option and without limiting any of the provisions of this section, specifies that such improvements shall remain on said premises, said work of cutting the Permit Area and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireshall become the City’s property.
Appears in 1 contract
Samples: Revocable Permit Agreement
Improvements. Grantee Prior to the Commencement Date, Landlord shall, at its own expense, construct demising walls, as outlined on EXHIBIT B-2 attached hereto. Landlord will submit its plans and specifications for such walls to Tenant for Tenant's review and approval, which approval will not be unreasonably withheld or delayed. Tenant shall takebe solely responsible for all furnishings required for its entry. All standard or special Tenant improvements which are affixed to the Premises, including but not limited to, any paid for by Landlord, shall at all times be the property of Landlord. Notwithstanding anything in a timely mannerthis Lease to the contrary, however, Tenant improvements such as telephone and computer equipment (except for lines and internal Building wiring) and modular walls and partitions, whether or not affixed to the Premises, will remain the property of Tenant. Upon the Expiration Date or sooner termination of the Lease Term, all actions necessary improvements and proper additions to the lawful establishmentPremises made by Tenant shall become the property of Landlord, constructionexcept Tenant may remove Tenant's trade fixtures, operationoffice supplies and movable office furniture and equipment not attached to Building 2 provided: (a) such removal is made prior to the Expiration Date or sooner termination of the Lease Term, (b) no Event of Default (as defined in Section 24 of this Lease) exists at the time of such removal, and maintenance of the Improvements, including (c) Tenant immediately repairs all damage caused by or resulting from such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authoritiesremoval. Any and all cuts and fills, excavations or embankments necessary All other property in the constructionPremises and any alterations or additions thereto (including, maintenancewithout limitation, wall-to-wall carpeting, paneling, wall covering or future alteration of lighting fixtures and apparatus) and any other article affixed to the Improvements shall be made and maintained in such mannerfloor, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill wall or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use ceiling of the Premises shall become the property of Landlord and shall remain upon and be surrendered with the Premises, Tenant hereby waiving all rights to any payment or compensation therefor. If, however, Landlord so requests in writing, Tenant will, prior to the Expiration Date or sooner termination of the Lease Term, remove such alterations, additions, fixtures, equipment and property placed or installed by Grantee Tenant in the Premises as requested by Landlord, and will affect immediately repair any Linesdamage caused by or resulting from such removal to the condition of the Premises prevailing upon the Commencement Date, fencesreasonable wear and tear excepted. If Tenant shall fail to remove any of Tenant's property of any nature whatsoever from the Premises on the Expiration Date, buildingssooner termination of the Lease Term or when Landlord has the right of re-entry, improvements Landlord may, at Landlord's option, remove and store said property without liability for loss thereof or other facilities damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall not pay the cost of storing any such property after it has been stored for a period of thirty (collectively30) days or more, "Other Improvements"Landlord may, at Landlord's option, sell, or permit to be sold, any or all of such property at public or private sale (and Landlord may become a purchaser at such sale), Grantee will be responsible at Grantee’s sole risk to locate in such manner and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with places as Landlord in Landlord's sole discretion may deem proper, without notice to Tenant, and shall apply the proceeds of such frequency as sale; first, to comply with Grantee the cost and local laws and regulations and xxxxx expenses of such sale, including reasonable attorneys fees actually incurred; second, to the payment of the costs or charges for storing any and all hazard such property; third, to the payment of fire.any other sums of money which may then be or thereafter become due Landlord from Tenant under any of the terms hereof; and, fourth, the balance, if any, to Tenant
Appears in 1 contract
Improvements. Grantee shall takeThe term "Improvements" means the buildings and improvements now located on the Land, in a timely manner, all actions necessary and proper to or hereafter constructed or erected on the lawful establishment, construction, operation, and maintenance of the ImprovementsLand, including such actions all improvements that were either constructed by Landlord as may be necessary to obtain any required permits, approvals agent for and for the account of Tenant or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations by or embankments necessary through Tenant for Tenant's own account in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere accordance with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications in anticipation of the Lease, as well as any future additions, replacements, or alterations thereto, and xxxx any attachments, appliances, equipment, machinery, and other fixtures attached to said buildings and improvements or otherwise located on the Premises other than the Pre-Existing Improvements. Land. The term "Land" means the parcel of land described in Exhibit A attached hereto and by this reference made a part hereof and the easements, rights, and other appurtenances now or hereafter appurtenant to, benefiting or serving such Other Improvements parcel including the land lying in the field bed of any street, alley or highway in order front of, within or adjoining the land described in such Exhibit but not including any Improvements or Pre-Existing Improvements. Landlord. In addition to verify their locationsthe meaning ascribed to the term "Landlord" in Section 20.5 here of the term "Landlord" means the Landlord named herein and any person, firm, corporation or other legal entity who or which shall succeed to Landlord's legal and equitable fee simple title to the Land (any such successor to be conclusively deemed to have assumed the obligations of "Landlord" herein by virtue of such succession). Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may existLandlord Mortgage. The Grantee agrees term "Landlord Mortgage" means any mortgage granted or made by Landlord to keep grant to a Landlord Mortgagee a security interest in Landlord's interest in the abovePremises and/or in this Lease and shall include whatever security instruments are used in the metropolitan area to secure such interests including without limitation, financing statements, security agreements, mortgages, deeds of trust, and any other documentation required to so secure such interest. Landlord Mortgagee. The term "Landlord Mortgagee" means the holder or secured party under a Landlord Mortgage. Leasehold Mortgage. The term "Leasehold Mortgage" means any leasehold mortgage granted or made by Tenant to grant to a Leasehold Mortgagee a security interest in Tenant's leasehold interest in this Lease and shall include whatever security instruments are used in the metropolitan area to secure the mortgagee's interest in the leasehold interest of Tenant under this Lease without limitation, financing statements, security agreements, mortgages, deeds of trust, and any other documentation required to so secure such interest. Leasehold Mortgagee. The term "Leasehold Mortgagee" means the holder or secured party under a Leasehold Mortgage. Lease Year. The term "Lease Year" means each successive twelve month period during the term commencing on the Commencement Date. Permitted Encumbrances. The term "Permitted Encumbrances" means only the encumbrances described in Exhibit B hereto. Plans and Specifications. The term "Plans and Specifications" means the plans and specifications dated prepared by for the project. Pre-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation Existing Improvements. The term "Pre-Existing Improvements" means any improvements located on said premises, said work of cutting and removal to be done the Land at such times and with such frequency time as the Landlord acquired title to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firethe Land (e.g., sewer lines).
Appears in 1 contract
Samples: 99 Year Lease Agreement
Improvements. Grantee The parties have agreed that Tenant shall takebear the cost of the improvements to the Premises as described herein, and for expediency and efficiency, the parties have further agreed that Landlord shall not require that Landlord's contractor be used, or that Landlord be paid a construction management fee. Instead, Tenant shall, through its contractor (who shall be subject to Landlord's reasonable approval), cause to be constructed improvements to the Premises and the common areas of the Project in a timely manneraccordance with plans and specifications approved by Landlord and Tenant. The Premises shall be delivered to Tenant in their present condition and Tenant shall bear all costs (except as provided below) pertaining to improvements to the Premises to make the Premises suitable for Tenant's use (collectively, all actions necessary and proper of the work to be performed to the lawful establishmentinterior and to the common areas shall be referred to in the Lease as hereby amended as the "Tenant Improvements"), constructionincluding certain common area work ("Common Improvements") for (a) remodeling restrooms in compliance with current requirements of the Americans with Disabilities Act, operation(b) painting and remodeling the lobby, and maintenance (c) painting the exterior of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authoritiesBuilding. Any The Tenant Improvements and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Common Improvements shall be made in accordance with plans and maintained in such manner, form specifications approved by Landlord and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainageTenant, and completed by Tenant through a contractor who shall also wherever necessarybe subject to Landlord's reasonable approval, construct extensions in a good and workmanlike manner and in accordance with all applicable laws, rules and regulations. Tenant shall not be required to pay to Landlord a construction management fee, but shall reimburse Landlord for the actual cost (without mark-xx) of existing drainsprofessional services rendered to Landlord by Landlord's architect and/or contractor (collectively "Landlord's Consultant") to review and approve the plans and specifications for the above-described work on Landlord's behalf. Landlord shall not be liable for the costs or construction of any improvements or alterations to the Premises or the Project, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally except as good as those now existingprovided hereinbelow. In the event any constructionthe actual cost of construction of the Common Improvements exceeds $150,000, repairTenant shall be reimbursed such excess amount (the "Excess Common Cost"). The Excess Common Cost shall be reimbursed to Tenant upon completion of the Tenant Improvements in accordance with the Final Plans, maintenanceand Landlord's receipt of (i) a certificate of occupancy from the City of Menlo Park, work (ii) unconditional lien waivers from all contractors and subcontractors, and (iii) copies of all invoices pertaining to the work. Landlord's Consultant shall in good faith determine the costs allocable to the Tenant Improvements and to the Common Improvements. Should Tenant disagree with the determination by Landlord's Consultant ("Landlord's Determination"), Tenant shall have the right to dispute such determination by providing written notice within five (5) days after receipt of Landlord's Determination that Tenant elects to have such dispute arbitrated. If Tenant fails to give such notice, Tenant shall be deemed to have accepted Landlord's Determination. If Tenant elects to have the matter arbitrated, the matter shall be arbitrated in accordance with Paragraph (e) below. Notwithstanding the foregoing, Landlord shall not be responsible for any, and Tenant shall bear the responsibility for all costs associated with, alterations and improvements required due to Tenant's particular business or other particular use of the Premises by Grantee will affect any LinesPremises. Upon completion of the Tenant Improvements, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk Tenant shall provide to locate and make any adjustments necessary to such Other Landlord a full set of as-built plans depicting all of the Tenant Improvements. Grantee must contact the owner(s) Tenant shall guarantee lien-free completion of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireimprovements.
Appears in 1 contract
Improvements. Grantee So long as there is no material interference with the performance of any of Landlord's Work or the use and enjoyment of the Building by others having rights to use and enjoy the Building, upon prior written notice and delivery of completed plans therefor to Landlord and subject to the provisions of this Section 7.1, Tenant may from time to time make such nonstructural alterations, decorations, additions or improvements in or to the interior of the Premises costing less than $20,000 as Tenant deems appropriate and are consistent with the quality and character of the Building. Tenant shall takenot make structural or exterior alterations, decorations, additions or improvements in or to the Premises, nor shall Tenant make any non-structural alterations, decorations, additions or improvements in or to the Premises the cost of which exceeds $10,000, unless Tenant delivers to Landlord completed plans therefor and Landlord consents thereto in writing. With respect to non-structural alterations, decorations, additions or improvements in or to the Premises the cost of which exceeds $10,000, Landlord's consent thereto and to the completed plans therefor shall not be unreasonably withheld or delayed. Any alterations, decorations, additions or improvements, structural or otherwise, in a timely manner, all actions necessary and proper or to the lawful establishmentPremises made by Tenant or permitted to be made by Tenant, constructionincluding without limitation the Initial Tenant Improvements, operationare hereinafter referred to collectively as "IMPROVEMENTS". From and after the date on which such Improvements to the Premises shall be made, Tenant and maintenance not Landlord shall, then and thereafter, be responsible for those portions of the ImprovementsBuilding so altered, including decorated, added to or improved by Tenant and any repairs the need for which shall result from such actions as may be necessary to obtain any required permitsalteration, approvals decoration, addition or authorizations from applicable governmental authoritiesimprovement. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration All of the Tenant's Improvements shall be made coordinated with any work being performed by Landlord and maintained in such manner, form manner as to maintain harmonious labor relations and extent as will provide adequate drainage of and from not to damage the adjoining lands and premises Building or interfere with construction or operation of the GrantorBuilding and, except for installation of furnishings, shall be performed by contractors or workers first approved by Landlord in writing, such approval not to be unreasonably withheld or delayed. Tenant, before its work is started, shall: secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and assurances satisfactory to Landlord protecting Landlord against liens arising out of the furnishings of such labor and materials; and wherever any cause each contractor to carry workers' compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such fill or embankment shall or limits as Landlord may obstruct the natural and pre-existing drainage from such lands and premises reasonably require, but in no event less than a combined single limit of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainagefive million dollars ($5,000,000), and shall also wherever necessaryany other insurance which Landlord may from time to time reasonably require which is then customarily required by tenants similar to the Tenant by landlords in the suburban Boston office market, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, all such extensions insurance to be written in companies approved by Landlord, which approval shall not be unreasonably withheld or delayed and insuring Landlord and Tenant as well as the contractors; and deliver to Landlord certificates of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existingall such insurance. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will All Improvements shall be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere performed in accordance with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.applicable laws,
Appears in 1 contract
Samples: Lease (Unisphere Solutions Inc)
Improvements. Grantee shall takeAll improvements, in a timely manneralterations, all actions necessary and proper additions to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements Premises desired by Tenant shall be made at Tenant's expense, in good and maintained workmanlike manner and in accordance with plans and specifications which have been previously approved in writing by Landlord. If the improvements, alterations, or additions are to be made by a contractor other than Landlord's, Landlord reserves the right to approve such mannercontractor, form which approval shall not be unreasonably withheld, and extent to require adequate lien waivers, bonds, permits, licenses, and insurance. Tenant shall indemnify and hold Landlord harmless against any loss, liability or damage resulting from such work by the Tenant. All improvements and additions made by the Tenant attached to the Premises, including without limitation all partitions, carpets, lighting fixtures, doors, hardware, shelves, cabinets, safe, and ceilings, shall remain in the Premises and shall be surrendered to Landlord at the expiration or earlier termination of this Lease unless Landlord requests their removal in which event, Tenant shall remove the same and restore the Premises to its original condition at Tenant's expense. Tenant shall specifically have the right to remove modular systems that may be attached to walls or floors so long as will provide adequate drainage Tenant repairs any damage to the walls or floors caused by installation or removal of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises item. If by reason of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any constructionalteration, repair, maintenancelabor performed or materials furnished to the Premises for or on behalf of Tenant, work any mechanic's or other use lien shall be filed, claimed, perfected or otherwise established against the Premises, Tenant shall discharge or remove the lien by bonding or otherwise within fifteen (15) days after the same is filed. If Tenant fails to cause such lien or notice of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause lien to be cut and removed at its sole expense all weeds and vegetation on said premisesdischarged within such period, said work of cutting and removal Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be done at due or by procuring the discharge of such times lien by deposit, bond, or otherwise and with Tenant shall reimburse Landlord for such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireamounts upon demand.
Appears in 1 contract
Samples: Lease Agreement (Dallas Gold & Silver Exchange Inc /Nv/)
Improvements. Grantee The Landlord shall takeat its sole expense, improve the Premises as set forth in a timely manner, all actions necessary and proper Exhibit “B” (“Landlord’s Work”). Any improvements to the lawful establishmentPremises other than those set forth in Exhibit “B” shall be constructed by the Tenant at the sole cost and expense of the Tenant (“Tenant’s Work”). Within twenty days from the date this Lease is execute by Landlord and Tenant and before any of Tenant’s work is started, constructionTenant shall submit for Landlord’s approval detailed plans and specifications for all Tenant’s work, operationwhich must include the extent such work will require mechanical or electrical installations which will be connected to utilities furnished by Landlord or will affect the exterior appearance of the Premises or its structural, mechanical, or electrical components. Tenant shall fully equip the Premises with all trade equipment, lighting fixtures, furniture, operating equipment, furnishings, fixtures, floor coverings and exterior signs and any other equipment necessary for the operation of Tenant’s business. All fixtures installed by Tenant shall be new or completely reconditioned to the satisfaction of landlord. Should Tenant install a cooling tower or other air-conditioning equipment on the roof of the Premises, Tenant shall assume primary responsibility for the maintenance and repair of the roof and such installation, operation and maintenance shall be made in such manner that the right of Landlord under any roofing bond then in force shall not be affected. All improvements, additions or fixtures (other than trade fixtures not permanently affixed to the realty) that may be made or installed on the Premises by either party (including floor coverings cemented or otherwise affixed to the floor) shall be the property of the Landlord. Tenant shall not make any structural alteration in or additions to the Premises. If alterations become necessary because of the application of laws or ordinances or of the directions, rules or regulations of any regulatory body to the business carried on by the Tenant or because of any act of default on the part of the Tenant or because Tenant has overloaded any electrical or other facility, Tenant shall make any required alterations whether structural or non-structural at its own cost and expense after first obtaining Landlord’s written approval of plans and specifications and Tenants furnishing to Landlord such indemnification against liens, costs, damages and expenses as Landlord may reasonably require. All improvements shall be in accordance with all Federal, State and Local regulations and codes and will not commence prior to obtaining all applicable permits. Tenant shall not place or suffer to be placed or maintained on any exterior door, roof, wall or window of the Complex or Premises including the storefront or any other part of the Premises visible from any part of the common area any sign, awning, or canopy, or advertising matter or other thing of any kind, and maintenance will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the ImprovementsPremises without first obtaining Landlord’s written approval and consent. Tenant further agrees to maintain such sign, including such actions awning, canopy, decoration, lettering, advertising matter or other thing as may be necessary approved by Landlord in good condition and repair at all times and to obtain remove the same at the end of the term if requested by Landlord to do so. Upon removal thereof Tenant agrees to repair any required permitsdamage to the Premises caused by such installation. Landlord shall have at all times a valid lien for all Rent, approvals Additional Rent and other sums of money becoming due hereunder from the Tenant upon all goods, wares, equipment, fixtures, furniture and other personal property of Tenant situated on the Premises without liability for trespass or authorizations from applicable governmental authorities. Any conversion, and shall have the right to sell the same with or without notice at public or private sale, with or without having such property at the sale at which Landlord or its assignees may purchase, and apply the proceeds thereof, less any and all cuts expense connected with the taking of possession and fillssale of the property, excavations or embankments necessary and as a credit against any sums due by Tenant to Landlord any surplus shall be paid to Tenant, and Tenant agrees to pay any deficiency forthwith. Alternatively, the lien hereby granted may be foreclosed in the construction, maintenance, manner and form provided by law or future alteration of the Improvements shall be made in any other form provided by law. Tenant agrees to execute such financing statements and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains other documents as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along required by the premises Commercial Code of the Grantor, such extensions to be of adequate sectional dimensions state in which the Premises are located in order to preserve the present flowage priority of drainage the lien created. The statutory lien for rent is not hereby waiver, the express contractual lien herein granted being in addition and supplementary thereto. Upon expiration of the term of this Lease Tenant agrees to promptly remove its personal property, trade fixtures and signs and upon Tenant’s failure to do so, the said fixtures, signs and property shall be deemed abandoned by Tenant and shall become the property of the Landlord. The Landlord shall not be liable for trespass, conversion or other waters, and negligence by reason of materials and workmanship equally as good as those now existingits acts or acts of anyone claiming under it or by reason of the negligence of any person with respect to the acquisition and/or disposition of such property. In the event Tenant agrees that it will repair any construction, repair, maintenance, work or other use of damage done to the Premises by Grantee will affect any Linesthe installation and/or removal of its trade fixtures and signs, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible and upon failure of Tenant to do so promptly at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) end of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee term Tenant agrees to keep the above-described premises free and clear from combustible materials and to cut and remove pay Landlord any cost incurred by Landlord in making such repairs or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at affecting such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireremoval.
Appears in 1 contract
Samples: Lease Agreement (Royal Strategies & Solutions, Inc.)
Improvements. Grantee The Premises are being leased to Tenant in an "as is" condition and Tenant's taking possession shall takebe conclusive evidence against Tenant that the Premises were in good order and satisfactory condition when Tenant took possession except as to latent defects. Landlord has not made any promise to Tenant to alter, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenanceremodel, or future alteration of improve the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the GrantorPremises, the Grantee shall construct and maintain such culverts Complex, or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along any adjacent area nor made any representation regarding the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use condition of the Premises by Grantee will affect any Linesor the Complex except those provisions explicitly set forth in this Lease. Tenant may make permanent or temporary alternations, fencesadditions, buildingschanges or improvements (hereinafter "alternations") on or to the Premises upon receiving Landlord's prior written consent in each instance. Such consent not be unreasonably withheld, improvements conditioned, or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary delayed. If Landlord consents to such Other Improvements. Grantee must contact alternations by Tenant, Tenant shall pay the owner(s) cost of such alternations, and before commencement of the Other Improvements notifying them work or delivery of any work that may damage these Other Improvements and/or interfere materials to the Premises or Complex, Tenant shall furnish Landlord with their service the following: (I) plans and obtain the owner’s written approval prior specifications, (ii) names and addresses of all contractors, (iii) copies of contracts, (iv) necessary permits, (v) indemnification of Landlord in form and mount reasonably satisfactory to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx Landlord against any and all hazard claims, loss, costs, damages, liabilities, and expenses which may arise in connection with such alternations, (vi) waivers of firelien for any and all labor, material or equipment to e supplied or rendered in connection with such alternations, and (vii) certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord against any an all liabilities which may arise out of such alternations. All alterations shall be installed in a good, workmanlike manner and only new materials shall be used. Whether tenant furnishes Landlord the foregoing or not, Tenant hereby agrees to hold Landlord harmless from and against any and all liabilities of every kind and nature which may arise out of or be connected with said alterations. Upon completing any alternations or additions, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in or for such alternations. All alterations shall comply with all ordinances and regulations of the City of Ann Xxxor and any department or agency thereof and with the requirements of all federal, state, and local statutes and regulations of the State of Michigan and any department thereof. All alterations and all improvements, temporary or permanent, in or 8 upon the Premises, placed there by Tenant shall become the property of Landlord and shall remain upon the Premises at the termination of this Lease, by lapse of time or otherwise, without compensation or credit to Tenant. If at the expiration or earlier termination of this Lease and upon Landlord's request, Tenant does not remove said additions and improvements, Landlord may remove the same and Tenant shall pay the cost of such removal and damages occasioned thereby to Landlord upon fifteen (15) days prior written notice. Tenant shall remove its office furniture, machinery, medical and other property of every kind and description (hereinafter "personal property") from the Premises within a reasonable time of the termination of this lease, whether by lapse of time or otherwise. If such personal property is not so removed, Landlord may request its removal, and if Tenant does not remove it, Landlord may do so, and Tenant shall pay the cost of such removal upon fifteen (15) days prior written notice.
Appears in 1 contract
Improvements. Grantee 4.1.1 The Tenant will not make any Improvements without the Landlord’s prior written approval, which will not be unreasonably withheld provided that the Tenant shall takenot have the right to make any Improvements, and the Landlord need not act reasonably in considering a timely mannerrequest by the Tenant in respect of any Improvements, which (i) may affect the structure or roof of the Building or Building’s sprinkler system, or (ii) may affect the Building’s exterior appearance. All costs and expenses related to improvements will be paid by the Tenant and all actions necessary work in connection with the Improvements will be performed by competent contractors and proper subcontractors approved by the Landlord prior to commencement of the work. It is acknowledged that the Tenant is in no way acting as Landlord mandatary with respect to any Improvements carried out in the Premises and that such Improvements are performed by the Tenant at its own benefit, even if the Landlord grants an allowance for the work. The Tenant will submit to the lawful establishmentlandlord such information regarding proposed Improvements (including if the Landlord so requests, constructiondrawings and specifications prepared by qualified architects or engineers conforming to good engineering practice) and the persons who will make the Improvements on the Tenant’s behalf as the Landlord may reasonably require. Only persons designated by Landlord may perform any work related to the heating, operationventilation or air-conditioning systems, or related to other mechanical, electrical or plumbing systems or which the Landlord believes may affect the structure of the Building. After the Landlord’s approval is obtained, the Tenant will not make any material changes to the proposed Improvements without again conforming to the requirements of this Section. In particular, any changes to any drawings and maintenance specifications approved by the Landlord will require the Landlord’s prior written approval in accordance with this Section. The Landlord may establish and amend from time to time reasonable rules and regulations regarding the manner in which Improvements are to be made, which rules and regulations will be binding upon the Tenant and all persons employed by it in connection with the making of the Improvements. The Landlord or such of Landlord’s affiliates as it may designate from time to time shall have the right to tender a bid in respect of any Improvements for which tenders are being requested by the Tenant. Prior to commencing any Improvements, including the Tenant will provide to the Landlord such actions indemnification against the registration of hypothecs or other encumbrances against the Property as the Landlord may be necessary reasonably require. The Tenant will pay to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration Landlord a fee equal to 15% of the total cost of the Improvements shall be made (including all architectural, engineering and maintained working drawings) in such manner, form and extent as will provide adequate drainage of and from consideration for the adjoining lands and premises services of the Grantor; Landlord in reviewing the plans and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises specification of the GrantorTenant in respect of, and otherwise supervising the Tenant’s work in respect of, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along Improvements.
4.1.2 All Improvements will become the premises property of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with Landlord upon their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements installation in the field in order Premises, without compensation to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireTenant.
Appears in 1 contract
Improvements. Grantee shall take(a) In reliance upon Landlord's representation and warranty that all mechanical systems and structural components of the Building are in good condition, working order and fully operative, without the necessity for any capital improvements or major repairs, Tenant, by entering into possession of the Premises, accepts the Premises subject to the foregoing representation and warranty of Landlord, except: (a) as provided elsewhere by the provisions of this Lease, and (b) for latent defects as to which Tenant specifically reserves, and does not waive, all claims, rights and remedies it may have at law, in a timely mannerequity or by contract.
(b) During the initial Term of the Lease, all actions necessary and proper any extension or renewal of it, Tenant has the right, at its own expense, and without the prior written consent and approval of Landlord or any mortgagee of the Premises, to make alterations and improvements to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as Premises which may be necessary for carrying on Tenant's business. Provided, however, that Tenant shall not, without the prior written consent of Landlord, make any additions, alterations or improvements to obtain any required permits, approvals the Building which would substantially alter or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations change the architectural or embankments necessary in the construction, maintenance, or future alteration structural character of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from Building. At the adjoining lands and premises expiration or earlier termination of the Grantor; Lease all such leasehold improvements and wherever any such fill or embankment alterations shall or may obstruct become the natural and pre-existing drainage from such lands and premises property of the GrantorLandlord, unless Landlord shall have given Tenant written notice at least ninety (90) days before the Grantee expiration or earlier termination of the Lease to remove such improvements and alterations.
(c) Tenant shall construct obtain all permits and maintain such culverts or drains as may be requisite to preserve such natural authorizations required for the prosecution of alterations and pre-existing drainageimprovements, and shall also wherever necessarycomply with the requirements of all applicable insurance coverage in prosecuting the work. To the extent that any additional risk is created by Tenant's performance of alterations and improvements, construct extensions Tenant will obtain appropriate insurance coverage to protect Landlord and Tenant, as their interests may appear, against such additional risk during the construction period.
(d) Tenant shall hold harmless, indemnify and defend Landlord against all claims or liability attributable to mechanics' or similar lien claims, arising out of existing drainsTenant's construction of alterations and improvements to the Building.
(e) Notwithstanding anything in this Article to the contrary, culverts at the expiration or ditches through earlier termination of this Lease all personal property of Tenant, including, but not limited to, goods, wares, inventory, furniture, fixtures, equipment and machinery shall be and remain property of Tenant, and, provided that Tenant is not then in default under the Lease, Tenant shall have the right and shall be permitted to remove such personal property from the Premises. Personal property of Tenant specifically excludes any alteration or along improvement that is permanently affixed to the premises Building, including, but not limited to, walls, floors, carpeting, ceilings and partitions. To the extent that the removal of Tenant's personal property may cause any damage to the GrantorBuilding, such extensions Tenant shall repair the damage, restoring the damaged area to its condition immediately preceding removal of Tenant's personal property.
(f) The maintenance and/or repair of mechanical systems in the Building are not to be construed as alterations or improvements within the scope of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firethis Article.
Appears in 1 contract
Samples: Lease Agreement (Kleinerts Inc /Pa/)
Improvements. Grantee (a) Landlord shall takecause the Financed Improvements to be constructed in accordance with the Project Integration Contract, in a timely good and workmanlike manner, and in compliance with all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainageLegal Requirements, and shall also wherever necessary, construct extensions of existing drains, culverts pay (or ditches through or along cause to be paid) the premises cost thereof from proceeds of the GrantorFacility Loans. Except as otherwise set forth in the Participation Agreement, such extensions the Project Integration Contract may not be amended without the consent of the Administrative Agent (or, following the Discharge of Participation Obligations, the Landlord).
(b) In order to be access and have use of adequate sectional dimensions to preserve the present flowage Parcel, Tenant may make Improvements that constitute NASA Exploration Park Improvements as defined in Section 3.2 of drainage or other waters, and of materials and workmanship equally as good as those now existingthe Ground Lease. In the event any constructionthat Tenant does construct Improvements that NASA determines to be NASA Exploration Park Improvements, repair, maintenance, work or other use NASA will determine the “in-kind” value of the Premises completed improvements, and to the extent such in-kind value offsets rent payable by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee the Landlord under the Ground Lease the amount of the in-kind value will be responsible applied likewise, as a credit, against Tenant’s Designated Rent payments in the same amounts and at Granteethe same times as credits are applied against rents payable by the Landlord, provided, however, that no such credit will be applicable against Basic Rent. Landlord will endeavor to obtain an estimate from NASA of the amount of such credit prior to the date the parties agree on the Final Plans and Specifications. The parties may prepare an addendum to this Sublease to itemize the completed NASA Exploration Park Improvements and the “in-kind” value as determined by NASA. Designated Rent (other than Basic Rent) shall continue to be credited from time-to-time if Tenant constructs additional NASA Exploration Park Improvements as determined by NASA. At NASA’s sole risk direction, the Improvements for which NASA allows “in-kind” value that results in credits against Designated Rent (but not Basic Rent) shall be conveyed to locate NASA, all as required by Section 3.2 of the Ground Lease.
(c) Landlord shall deliver the Leased Premises to Tenant, and make any adjustments Tenant shall be obligated to accept delivery of the Leased Premises and shall have the right to occupy and use the Leased Premises for the Permitted Use as of the date of this Sublease (such date is the “Occupancy Date”); provided, that Landlord and its agents and employees shall have the right to access the Leased Premises as necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements construct (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut constructed) the Financed Improvements in accordance with the Project Integration Contract.
(d) Landlord shall allow the Tenant and removed at its sole expense all weeds agents and vegetation contractors to enter the Parcel on said premisesor after the Effective Date as reasonably required for purposes of the construction or installation of the approved Tenant-Owned Improvements and Equipment. Any presence or activity on the Parcel by Tenant or its agents and contractors for purposes of the construction or installation of the approved Tenant-Owned Improvements and Equipment prior to the Occupancy Date shall require Tenant to have obtained the insurance required under Section 16(b) of this Sublease, said work as if the Initial Term commenced on the date of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireTenant’s first access.
Appears in 1 contract
Samples: Sublease Agreement
Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain At any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of time and from time to time during the adjoining lands and premises Term of this Ground Lease, Tenant shall have the Grantor; and wherever any such fill or embankment right, but shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantornot be obligated, the Grantee shall to construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut constructed new buildings and removed at its sole expense other Improvements on all weeds or any part of the Premises and vegetation on said premisesto demolish, said work remove, replace, alter, relocate, reconstruct, or add to any buildings and other Improvements now and hereafter constituting part of cutting the Premises in whole or in part, and removal to be done at such times and with such frequency modify or change the contour or grade, or both, of the land. All salvage shall belong to Tenant. Notwithstanding the foregoing, except as necessary to comply with Grantee and local laws and regulations and xxxxx Tenant's obligation to maintain the Premises in compliance with Requirements of Law, Tenant shall not have the right to commence any work under this paragraph if there is then a continuing default on the part of Tenant hereunder as to which Landlord has given the required notices and all hazard applicable periods of firegrace and periods for cure by Tenant and any Ground Leasehold Mortgagees have expired without cure or commencement of cure as in Paragraphs 10 and 13 of this Ground Lease specifically provided ("Terminable Default"). Any work of demolition, construction, alteration, or repair of Improvements undertaken by or for Tenant during the Term of this Ground Lease in or on the Premises shall be in compliance with all then applicable laws, codes, ordinances, rules, regulations, orders and requirements for permits and approvals, including but not restricted to building permits, zoning and planning requirements, and other such approvals from federal, state, county and municipal governmental authorities from time to time having jurisdiction over the Premises ("Requirements of Law"). During any major work (as hereinafter defined) or demolition, removal, construction, reconstruction, alteration or repair in or on the Premises, Tenant shall maintain and shall deliver to Landlord prior to the commencement of any major work certificates evidencing insurance coverage for "builder's risk" (including comprehensive public liability) and for worker's compensation covering all persons employed in connection with the work and with respect to whom death or bodily injury claims could be asserted against Landlord or the Premises. Tenant's obligations under the preceding sentence are expressly agreed to be subject to the general rights of cure by Tenant after notice, as set forth in Paragraph 13 and by any Ground Leasehold Mortgagees after notice, as set forth in Paragraph 10. Notwithstanding the provisions of Paragraph 18, unless Tenant shall provide Landlord with suitable payment and performance bonds insuring completion of the work Tenant shall be personally liable, without limitation, to complete any major work of demolition, removal, construction, reconstruction, alteration or repair of Improvements once begun in or on the Premises, to the point that the Premises are in compliance with all Requirements of Law. However, nothing in the preceding sentence shall obligate Tenant to undertake any work of construction, alteration or repair or, except as expressly set forth herein, affect the rights of Tenant to demolish, remove, alter or replace the Improvements from time to time during the Term of this Ground Lease. Tenant shall, at Landlord's request in each case, provide Landlord with copies of "as built" plans as soon as practicable (but no more than 180 days) after the completion of any major work of construction, alteration or repair in or on the Premises. Tenant's obligations under the preceding sentence are expressly agreed to be subject to the general rights to cure by Tenant after notice, as set forth in Paragraph 13, and by any Ground Leasehold Mortgages after notice, as set forth in Paragraph 10. "Major work of construction, alteration or repair" shall mean work having an estimated cost exceeding twenty-five percent (25%) of the then value of the Improvements. Neither party shall permit to be enforced against the other's interest in the Premises any mechanic's, materialman's, contractor's, or subcontractor's lien arising from any work in or on the Premises, in the case of Tenant, or in or on the land of which the Premises are a part, in the case of Landlord, however such lien may arise. However, each party may in good faith and at its own expense contest the validity of any such asserted lien, provided it has furnished any bond required under applicable lien laws or has otherwise discharged any lien from said Registry of Deeds. If the responsible party shall fail, within thirty (30) days after notice from the other, to bond off any such asserted lien, the other may cure such failure by arranging for such bond and the cost of such bond, plus interest thereon at the Involuntary Interest Rate, shall be paid by the responsible party upon demand. Throughout the Term of this Ground Lease, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in accordance with all applicable Requirements of Law and shall not commit waste of the Improvements except, however, that nothing in this sentence defining the duty of maintenance shall be construed as limiting any right given elsewhere in this Ground Lease to demolish, remove, alter or replace the Improvements from time to time during the Term of this Ground Lease. Tenant shall have the right, for so long as there exists no Terminable Default, to contest by appropriate judicial or administrative proceedings, without cost or expense to Landlord, the validity or application of any Requirements of Law and Tenant shall not be required to comply with any such Requirements of Law until a reasonable time following final determination of Tenant's contest. Landlord may, but is not required to, contest any such law independently of Tenant. Landlord shall, at Tenant's request execute all documents and otherwise cooperate in Tenant's contest, but without cost or expense to Landlord and without any obligation on the part of Landlord to attend or have any representatives of Landlord attend any proceedings in connection with such contest. All Improvements shall be owned by Tenant and Tenant shall have the entire insurable interest in the same until expiration or termination of this Ground Lease, whereupon the same shall, without compensation to Tenant, be and become Landlord's property free and clear of all claims to or against them by Tenant or any third person claiming under Tenant. Tenant shall hold harmless Landlord for any obligations and/or liabilities arising out of Tenant's actions set forth in this paragraph.
Appears in 1 contract
Samples: Ground Lease (Apple Suites Inc)
Improvements. Grantee shall takeA. Lessee acknowledges that it has examined the Premises, in a timely mannerand agrees to accept Premises "as- is", all actions necessary based solely upon its own investigation and proper without warranty by SEPTA as to the lawful establishmentcondition or suitability of the Premises for Lessee or Lessee's Permitted Use. In addition to the Initial Improvements, the Lessee has the right, but not the obligation, to make, or to allow Sublessee to make, “Improvements” to the Premises as it deems appropriate, helpful, useful, or related to the Permitted Use and/or the operation of the Premises; provided that advanced written approval is obtained from SEPTA. “Improvements” shall be defined as those changes, modifications, additions, expansions, enhancements, renovations, reconstructions, etc. that have a material impact on the Premises or some portion of the SEPTA, when such work, results or impact is not easily reversible. The Lessee shall be responsible and liable for Improvements on the Premises and shall ensure that all work and results related to Improvements comply with all applicable laws, statutes, regulations, ordinance and good business practices, and are maintained in good condition and repair at all times. SEPTA reserves the right to deny a request to make proposed Improvements at its own discretion. The Parties agree that SEPTA shall have no obligation, responsibility or liability with regard to, or for any cost, expense, injury, damage or destruction associated with, the planning, design, construction, execution, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the constructionexecution, maintenance, or future alteration existence of any Improvements made on the Premises or on SEPTA Property. If any Improvements, or any work related in any way to any Improvements, cause any damage or destruction to the Premises or any SEPTA Property, the Lessee, at its own expense, shall be responsible and liable for taking all actions necessary for the Restoration of SEPTA Property. If Lessee fails to make such Restoration in a reasonable period of time, SEPTA may, but is not obligated to, make such Restoration, and SEPTA may xxxx Lessee, to be treated as Additional Rent, for such Restoration work performed by SEPTA. The Parties understand and acknowledge that due to the nature of Improvements, as defined hereunder, Improvements can generally not be removed from the Premises at the Termination Date of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireLease.
Appears in 1 contract
Samples: Lease Agreement
Improvements. Grantee A) The Lessee shall takenot make any alterations or improvements whatsoever upon the said Leased Premises without the prior written consent of the Commission, such consent not be unreasonably withheld or delayed. Any alterations or improvements shall, at the end of the Term, become the property of the Commission without payment being made therefore, provided, nevertheless, that the Commission, at its option, may, at the end of the Term require the Lessee to remove any such alterations and put the Leased Premises in the same structural condition as at the commencement of this Lease, reasonable wear and tear excepted, and provided that the Lessee may remove his trade fixtures and equipment not affixed to the Leased Premises provided he can do so without damaging the Leased Premises. All such alterations improvements and interior renovations shall be carried out at the sole cost of the Lessee.
B) At any time during the Term, the Lessee shall, subject to obtaining the prior written approval of the plans by the Commission and such other permits or approvals that may he required by applicable la’v, have the right to make, at its own expense, such alterations and improvements to the Leased Premises as the Lessee may deem advisable; provided that no such alteration or improvement shall reduce the value of the Leased Premises or impair the safety of the structural, mechanical and electrical systems servicing the Leased Premises.
C) Before requesting the Commission’s approval, the Lessee shall submit, in a timely mannerduplicate, all actions necessary and proper to the lawful establishmentCommission detailed drawings, constructionelevations, operationspecifications (including materials to be used and colors), location, cost estimates and proposed construction schedule of the proposed alterations or improvements and evidence that construction of the alterations is economically feasible and that the Lessee has the required funds to complete the alterations or improvements. Any alterations and improvements which are strictly interior or are minor changes to the Leased Premises will not be subject to the Commission’s approval. The Lessee shall deliver to the Commission copies of all tender documentation, construction documents and permit applications for any improvements or alterations on or before issuing the said documents.
D) The Commission, its architects, agents and employees, may enter the Leased Premises at all reasonable times on reasonable notice during construction of all replacements, alterations, additions, changes, substitutions or improvements thereto for the purpose of inspection and ascertaining whether the work conforms with the approved drawings and plans and the stipulations contained in them and to protect the Commission’s interest.
E) It is understood and agreed that, whenever in this Lease any plans and/or drawings are subject to the approval of the Commission, or the Commission has the right to inspect the Commission’s review and approval of such plans and/or drawings, any inspection is not for regulatory or technical purposes and is only to protect its interest as Commission. In addition, the Commission, in approving any plans and/or drawings or carrying out any inspections, is not making any representations, nor is the Commission undertaking any responsibility of an engineering, architectural or any nature whatsoever, in respect of the improvements contemplated thereby, the Lessee hereby assuming all such liability and risk. The Lessee hereby covenants to hold the Commission harmless in respect of all claims, demands, expenses, and maintenance costs made or advanced against the Commission having reviewed and approved any plans and/or any drawings and/or carried out any inspections, in respect of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firecontemplated thereby.
Appears in 1 contract
Samples: Commercial Lease (Validian Corp)
Improvements. Grantee The adjusted price described in Paragraph 13.B above shall take, in a timely manner, all actions necessary and proper be increased by the value of any substantial structural or permanent fixed improvements which cannot be removed without substantial damage to the lawful establishment, construction, operationPremises or substantial or total loss of value of said improvements, and maintenance by the value of the Improvementsany appliances, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenancefixtures, or future alteration of the Improvements shall be made and maintained in such manner, form and extent equipment which were originally acquired as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use part of the Premises by Grantee will affect Owner; provided that such price adjustment for replacement appliances, fixtures, or equipment shall be allowed only when the expenditure is necessitated by the non-operative or otherwise deteriorated condition of the original appliance, fixture, or equipment.
A. If at any Linestime of replacement the original appliance, fencesfixture, buildingsor equipment had in excess of twenty percent (20%) of its original estimated useful life remaining, improvements Owner shall document to the City’s satisfaction the condition of the appliance, fixture, or other facilities equipment which necessitated its replacement. A written statement from a certified repair person can satisfy this requirement.
B. No such price adjustment shall be made significantly in excess of the reasonable cost to replace the original appliance, fixture, or equipment with a new appliance, fixture, or equipment of comparable quality as hereinafter provided.
(collectively1) No such adjustment shall be made except for improvements, "Other Improvements")appliances, Grantee will fixtures, or equipment made or installed by the selling Owner.
(2) No improvements, appliances, fixtures, or equipment shall be responsible at Grantee’s sole risk deemed substantial unless the actual initial cost thereof to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(sOwner exceeds one percent (1.0%) of the Other Improvements notifying them purchase price paid by the Owner for the Premises; provided that this minimum limitation shall not apply in either of the following situations:
(a) Where the expenditure was made pursuant to a mandatory assessment levied by the homeowners association for the development in which the Premises is located, whether levied for improvements or maintenance to the Premises, the common area, or related purposes.
(b) Where the expenditure was made for the replacement of appliances, fixtures, or equipment which were originally acquired as part of the Premises by Owner.
C. No adjustment shall be made for the value of any work that may damage these Other Improvements and/or interfere improvements, appliances, fixtures, or equipment unless the Owner shall present to the City valid written documentation of the cost of said improvements. The value of such improvements by which the sale price shall be adjusted shall be determined as follows:
(1) The value of any improvement, appliance, fixture, or equipment, the original cost of which was less than Five Thousand Dollars ($5,000), shall be the depreciated value of the improvement, appliance, fixture, or equipment calculated in accordance with their service principles of straight-line depreciation applied to the original cost of the improvement, appliance, fixture, or equipment based upon the estimated original useful life of the improvement, fixture, or equipment.
(2) The value of any improvement, appliance, fixture, or equipment, the original cost of which was Five Thousand Dollars ($5,000) or more, shall be the lesser of the appraised value of the improvement, appliance, fixture, or equipment when considered as an addition or fixture to the Premises (i.e., the amount by which said improvement, appliance, fixture, or equipment enhances the value of the Premises), or the depreciated value of the improvement as described in C.(1) above, at the time of sale. The appraised value shall be determined in the same manner as the market value of the Premises in Method A above.
(3) On January 1, 1988 and obtain every two years thereafter, regardless of the owner’s written approval prior date of execution or recordation hereof, the amount of Five Thousand Dollars ($5,000) referred to so affecting in paragraphs (1) and (2) immediately above shall be automatically adjusted for the Other Improvementspurpose of those paragraphs in the following manner. Grantee must xxxx all Other Improvements On each adjustment date, the Consumer Price Index for San Francisco-Oakland area published by the US Department of Labor, Bureau of Labor Statistics (“Index”) prevailing on January 1, 1988, shall be compared with the Index prevailing on the Plans and Specifications and xxxx such Other Improvements date of recordation of this deed. The percentage increase in the field Index, if any, shall be computed and the sum of Five Thousand Dollars ($5,000) shall be increased in order the same percentage. In no event shall the sum be reduced below Five Thousand Dollars ($5,000).
(4) No price adjustment will be made except upon presentation to verify their locationsthe City of written documentation of all expenditures made by Owner for which an adjustment is requested.
D. Notwithstanding any other provision herein, no adjustment shall be made for the value of any improvements, appliances, fixtures, or equipment unless said improvements were completed with required permits and in accordance with applicable provisions of the municipal code. Grantee must also use all reasonable methods when working on Moreover, no adjustment shall be made for any improvements, appliances, fixtures, or near Grantor property to determine if equipment which were installed or completed in violation of any Other Improvements applicable provision of the homeowners’ association by- laws, Covenants, Conditions and Restrictions (fiber opticCC&Rs), cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove other similar restrictions or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireregulations.
Appears in 1 contract
Samples: Agreement and Deed Restrictions Regarding Resale Controls for Below Market Rate Property
Improvements. Grantee 7.01. Landlord shall takeinstall those improvements, and only those improvements, required to be installed by it pursuant to Floor plan known as Exhibit A and Building Standard Specifications known as Exhibit C attached hereto and incorporated herein by reference. Said improvements shall be constructed in accordance with the plans and specifications adopted pursuant to said Exhibit C, however, material deviations and substitutions shall be allowed upon consent of Tenant which shall not be unreasonably withheld.
7.02. It is understood and agreed by Tenant that any minor changes from any plans or specifications which may hereafter be made during construction shall not effect or change this Lease or invalidate the same. Tenant shall pay to Landlord any expense incurred by Landlord as a timely mannerresult of changes requested by Tenant which affect Landlord's work. In addition, all actions necessary and proper prior to the lawful establishmentcommencement of such work, constructionTenant, operationif required by Landlord, shall secure, at Tenant's expense, performance, labor and materials bonds for the full cost of such work satisfactory to Landlord, Landlord will direct electricians as to where and how telephone wires are to be introduced. No boring or cutting for wires will be allowed without the consent of Landlord. The location of telephones, call boxes and other office equipment affixed to the Leased Property shall be subject to the approval of Landlord. Tenant shall not lay linoleum, tile, carpet or other similar floor covering so that the same shall be affixed to the floor of the Leased Property in any manner except as approved by Landlord. The roof of the Leased Property shall not be penetrated without Landlord's prior written consent.
7.03. Tenant shall observe and perform all of its obligations under this Lease (except its obligations to pay rent) from the date upon which the Leased Property is made available for Tenant's work until the Commencement Date in the same manner as though the lease term began when the Leased property was so made available to Tenant.
7.04. Tenant, at its sole cost and expense, may make additional additions, alterations, improvements or changes ("improvements") in and to the Leased Property, provided, however, that Tenant shall not make any such improvements without the prior written consent of Landlord which shall not be unreasonably withheld.. All improvements made by Tenant pursuant to this Section 7 shall be made promptly and in good and workman-like manner and in xxxxxiance with all insurance requirements and with all applicable permits and authorizations, and maintenance all other governmental rules, regulations, ordinances, statutes and laws, and all rating bureau recommendations, now or hereafter in effect pertaining to the Leased Property or Tenant's use thereof. Prior to the commencement of such work, Tenant shall give evidence to Landlord that appropriate insurance satisfactory to Landlord has been obtained for the protection of Landlord and its tenants and invitees from damage or injury resulting from the making of such improvements.
7.05. Landlord's approval of any drawings, plans or specifications shall not constitute any assumption of any liability for the accuracy or sufficiency thereof.
7.06. Any improvements installed or constructed by Tenant pursuant to this Section 7 shall at Landlord's option become the property of Landlord upon the expiration or sooner termination of this Lease. However, Landlord shall have the right to require Tenant to remove any or all improvements, at Tenant's sole cost and expense, upon such termination of this Lease and to surrender the Leased Property in the same condition as it was prior to the making of any or all such improvements, including the removal of submetering and electrical system to Landlord's specification metering and electrical system, reasonable wear and tear excepted. Nothing herein contained shall be construed to require tenant to make or pay for any repair, alteration, improvement, or addition, or to do any other act or thing which Landlord is required to make or do under any provision of this Lease, or which is required or becomes necessary at any time because of any failure of Landlord to perform any of its obligations hereunder.
7.07. In order to expedite the commencement of Tenant's business in the Leased Property, at any time after Landlord notifies Tenant that Landlord's construction of Improvements hereof has been substantially completed, Tenant may enter upon the Leased Property for the purpose of installing trade fixtures and furnishings and taking any other action deemed appropriate by Tenant with respect to the Leased Property prior to the Commencement Date. Tenant shall pay for all utilities consumed by Tenant and its contractors in preparing the Leased Property for the opening of Tenant's business, but shall not by reason of such entry be required to pay any rent. Tenant shall not interfere with the completion by Landlord of the construction of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities.
7.08. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of Landlord agrees that the Improvements shall be made constructed in a sound and maintained workmanlike manner and in such manneraccordance with all applicable federal, form state and extent as will provide adequate drainage of local laws, ordinances, rules and from regulations. Landlord warrants to Tenant that all materials furnished in connection with the adjoining lands and premises construction of the Grantor; Improvements will be new unless otherwise specified, and wherever any that such fill or embankment shall or may obstruct construction will be of good quality in accordance with industry standards, free from faults and latent and patent defects and in conformance with the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as Plans. Construction work not so conforming to these standards may be requisite considered defective. No payment or payments of rent hereunder shall be construed to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions constitute an acceptance by Tenant of existing drains, culverts improper materials or ditches through or along workmanship that do not conform to the premises requirements of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications the terms hereof.
7.09. Landlord shall indemnify and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optichold harmless Tenant, cableits officers, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free directors, shareholders, agents, representatives, employees and clear attorneys from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx against any and all hazard claims, demands, causes of fireaction, losses, damages, liabilities, costs and expenses of any nature asserted against or incurred b~ Tenant and arising out of or in connection with Landlord's construction of the Improvements.
7.10. Notwithstanding the above, if Tenant enters the Premises to commence any work, which causes delay to the Certificate of Occupancy or Temporary Certificate of Occupancy, the commencement of rents shall become thirty (30) days from said commencement of work.
Appears in 1 contract
Samples: Sublease Agreement (Onecap)